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What Qualifies For Compensation In Personal Accident Claims In New Jersey?

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If you've been the victim of an injury of any kind, you may be wondering if it's time for you to seek out a personal injury lawyer.

Injuries exist in almost limitless degrees. Equally varied are the ways in which they are caused, though usually, it is some type of accident that costs victims their health and safety.

In this blog post, we'll be providing some basic information regarding the characteristics of a strong injury case. However, all cases are different and while the insight we provide here is valuable, we highly suggest that after suffering any type of injury, you should discuss your accident with an experienced lawyer.

Contact our team today to have your case reviewed for free by our knowledgeable attorneys. Through our free consultation, you'll receive all the relevant information you need to make this important decision.

What Qualifies As A Personal Injury or Accident?

The personal injury term is regularly used by lawyers - whether on print media, TV commercials, or radio advertisements - but what are they really referring to when they use it?

There are many different types of laws that deal with damages suffered by a person (the plaintiff in a lawsuit) at the hands of someone else who is believed to have acted wrongfully (the defendant) and caused those damages.

Damages is quite a broad term and can be used to refer to damages of property as well as to damages of the physical or emotional integrity of a person. When an individual commits a wrongful act, whether intentional or involuntary, and it causes physical or emotional pain to someone else, then the latter person can claim that they suffered a personal injury.

Proving Liability

To be able to receive some type of compensation after suffering injuries, a victim will have to prove that the other party acted wrongfully in one way or another and that resulted in the damages, whether directly or partially. On the other hand, the defendant will argue that the damages were not their fault, or that they did not have a particular duty to prevent the plaintiff from suffering those damages.

Both arguments are presented in a court of law in front of a judge and/or jury. If the defendant is found to have at least some responsibility for the damages, then compensation may be awarded.

Accident Compensation

The process for proving liability and determining compensation after damages is quite complex. This is due to the fact damages can be very difficult to calculate.

Consider medical expenses after an accident. Initial treatment costs will be billed by a hospital or other health center, so the dollar amount here will be concrete. However, medical treatment is often ongoing, particularly when severe trauma is suffered.

A personal injury attorney will have to calculate the amount of medical treatment, such as therapy or medication, that a victim will need throughout their lives. As you can imagine, it is impossible to calculate this dollar amount exactly, but a solid argument still has to be made to land at a total. Even more complicated is the calculation for general damages which can include pain, suffering, emotional distress (i.e. anxiety), loss of quality of life, and loss of consortium (personal relationships,) among others.

Skilled lawyers will be able to build the strongest argument for their clients, and ultimately achieve for them the largest potential compensation given the circumstances. The total award amount will always have to be approved by the court, it is not simply given.

Common Kinds Of Cases

As we've alluded to throughout this post, PI law is quite broad in the types of cases that it covers, though the majority of PI cases fall into some well-defined categories. These include:

  • Auto accidents
  • Slip, trip, and fall incidents
  • Medical malpractice
  • Abuse of elders in homes
  • On-the-job trauma or diseases
  • Product defects

Once more, we must stress that these are only general categories that help understand this type of law. If you've suffered an injury that we've not mentioned above, you may still have the potential for significant compensation.

There is likely only one way to know for sure if the financial and emotional damages that you're suffering, and which may have been caused by another's negligence, can result in financial compensation, and that is by consulting legal professionals.

Our teams of PI lawyers are available 24/7; give them a call today or fill out the form on this page to be contacted and finally receive the answers you've been looking for.

Additional Resources

If you'd like to continue browsing our legal resources, click through to our latest page: https://nj-injuryguys.com/top-golf-accidents-and-injuries/

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Gabriel A. DiLeonardo, Sr., Esq.
Date Published: January 30, 2020
Gabriel DiLeonardo, Esq. is a New Jersey licensed attorney-at-law. He helps people who suffer injuries get justice through personal injury lawsuits.
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This website is by DiLeonardo Law LLC d/b/a NJ Injury Guys. We have offices throughout the state of New Jersey with attorneys licensed to practice law in New Jersey. Use of this site does not form an attorney-client relationship and information herein shall not be construed as legal advice. This website is to be considered as ATTORNEY ADVERTISING. Past settlement and verdict values are no guarantee of similar future outcomes. This firm may retain local counsel for prosecuting cases. Results may vary from case to case depending on the specific circumstances of the case. This website has not been approved by the Supreme Court of New Jersey.
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