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When the carelessness of another person or entity causes someone else to suffer harm, the injured party retains the right to pursue financial compensation from responsible parties. If you were injured because of someone else’s negligence, you may be entitled to recover your damages in a civil claim with the help of a Pennsauken Township personal injury lawyer. However, you must take action quickly because you have a limited amount of time to file a personal injury lawsuit.
There are many ways that an injury can occur, and those which are the result of avoidable accidents may form the basis of a successful civil claim. For example, licensed motorists have an obligation to take the safety of others into consideration by driving with reasonable care and paying attention to their surroundings.
Civil claims can involve accidents other than auto collisions, such as:
- Bicycle crashes
- Pedestrian incidents
- Truck collisions
- Slip and fall accidents
- Bus wrecks
- Motorcycle crashes
- Dog bites
- Premises liability
A person who breaches his or her duty of care and causes an accident as a result could be required to pay for any subsequent damages. The success of a personal injury case depends on whether an injured claimant and his or her Pennsauken Township attorney can establish the responsible party’s liability.
To prove that another person or party was negligent, it is necessary to establish the following elements:
- The defendant owed a duty of care to the plaintiff
- The defendant violated his or her duty of care
- The plaintiff was injured as a direct result of the defendant’s breach of care
- The plaintiff suffered damages as a result of their injury
Proving these factors requires the timely collection of evidence which may otherwise be lost or destroyed over time. Fortunately, a qualified representative from our legal team could assist a claimant in collecting compelling witness testimonies, photographs of the scene of the accident, and medical records that detail the extent of his or her injuries.
What Damages Can be Recovered after an Injury?
If a person is injured in an accident, he or she may be able to recover economic and non-economic damages to offset his or her losses. In general, the more severe a plaintiff’s injury is, the more compensation he or she can obtain.
Economic damages are those which can be calculated and typically cover a claimant’s medical bills, lost wages, and rehabilitative costs. Additionally, non-economic damages would compensate a plaintiff’s intangible losses such as pain and suffering, diminished earning capacity, and emotional trauma.
Punitive damages, on the other hand, would be awarded solely to punish the defendant for particularly egregious behavior and to deter others from acting similarly in the future. For help with measuring your losses, it is best to consult with an experienced personal injury lawyer in Pennsauken Township who is familiar with the local courts and how they typically award damages.
When Can a Settlement be Offered for a Personal Injury?
Defendants can offer a settlement to the plaintiff at any point during court proceedings. The claimant may choose to reject the amount, negotiate it further, or accept it. It is important to note that accepting a settlement offer means that litigation will cease, and a judge or jury would not award any additional damages.
Sometimes, accepting a settlement may be wise, but other times it may not be enough to cover hospital costs and lost income. For this reason, it is advisable to seek legal advice from a skilled Pennsauken Township personal injury attorney before accepting or rejecting any settlement offers.
Call a Pennsauken Township Personal Injury Attorney Today
If you were harmed in an accident caused by someone else’s careless misconduct, you may be able to obtain compensation from him or her to cover your medical expenses and to hold him or her accountable. Get in touch with a Pennsauken Township personal injury lawyer today to learn more about this legal process.