Author: Asenka Interactive

Accidents are a very common occurrence, whether it’s in a car, at work, or in a public place, a personal injury can happen anywhere. But if you’ve been hurt and are wondering if you have a personal injury case that requires the assistance of an accident lawyer to receive compensation, there are a few factors to consider.

The law offices of Edward P. Shamy Jr. are here to help you learn more about what’s involved in a personal injury case, what requirements must be met, and how you should go about pursuing legal action.

Personal Injury Case: What is it?

A personal injury case is when you’re harmed or injured in an accident that was caused by negligence or recklessness, of another person or entity. The goal of pursuing a case with a personal injury lawyer is to seek compensation for disability, pain and suffering and also to recover actual damages for medical bills or lost wages, as a result of the event that caused your injury.

Factors that Determine if You Have a Personal Injury Case

Pursuing a personal injury case and obtaining compensation for your injuries involves various factors and considerations, such as:

Was Someone at Fault?

You need to prove negligence of the other party.  For example:

A driver who is distracted or fails to make proper observations, fails to drive carefully and in compliance with traffic regulations;

A retail establishment which fails to properly clear snow and ice from the parking lot or walkways, or fails to clear spills or other hazards on the floor of the establishment. 

However, some cases such as an injury caused by a dog bite do not require proof of negligence.  A dog bite is a strict liability event.  If a dog bites someone the dog owner is responsible for the resulting injury, pain and disability.  Negligence on the part of the dog owner does not have to be proven.

Did You Receive an Injury or Endure Harm?

If you suffered and endured an injury in the accident, the severity of the injury, the scope of treatment required, and the resulting limitations or disability all have an impact on the value of your case. Injuries can include:

Physical injuries like broken bones, burns, or even whiplash

Psychological or emotional trauma

Financial impact from medical expenses and lost wages

Establishing a Correlation with the Accident and Your Injury

If the negligent or reckless conduct, action or inaction led to or caused the incident and your subsequent injury, correlation is established.

Was the Incident Recent?

There’s a specific time limit for which you can file your personal injury claim, or statute of limitations. In New Jersey a personal injury claim must be formally filed in the Court system within two (2) years of the date of the accident or incident.  In the case of a minor, the lawsuit must be filed before the individual’s 20^th birthday.  Cases against a public entity have even stricter requirements.  In those cases, a “Notice of Claim” must be filed within 90 days of the incident or accident. Failure to meet the time limitations is typically an absolute bar to your claim.

Common Personal Injury Cases

There are a variety of ways that you can be injured and can purse a claim with a personal injury attorney. These incidents include:

• Vehicular accidents
• Dog bites
• Slip and falls
• Medical malpractice
• Workplace injuries
• Nursing home neglect
• Defective products

Speak with a Personal Injury Lawyer

If you’ve been injured in an accident that was caused by another party, and you’ve since endured pain and suffering, medical expenses, and/or lost wages, you may benefit by consulting with a personal injury attorney to discuss your case and the best path forward.

Have you been recently injured and want to purse a personal injury case? Contact the law offices of Edward P. Shamy Jr. to learn the steps to take to pursue your claim.

If you’ve been injured in an accident, you may be thinking of hiring a personal injury lawyer. There’s a lot that goes into a personal injury case, so to be sure, you’ll want to know if you qualify.

Edward P. Shamy Jr. has successfully prosecuted more than 1,700 cases in the greater New Brunswick, NJ area. To help you determine if hiring a personal injury lawyer is the right step, here are the most common types of incidents for which you should to consult a personal injury lawyer.

Workplace Accidents

If you were injured at work, in the course of your employment, regardless of whether or not your employer or a co-employee was negligent, you are entitled to compensation for your injuries.  Under the Workers Compensation Statute, an injured work does not have to provide that ANYONE was negligent.  The injured worker need only establish that the injury occurred in the course of his or her employment. 

If an employee accidentally dropped a hammer and broke their own foot, they still have a workers compensation case.  If they lifted a heavy piece of furniture and injured his or her back, they also have a workers compensation claim.  There is no need to prove that anyone was at fault or was negligent.

If the injury occurred in the course of an individual’s employment they are entitled to three primary categories of benefits: medical treatment, temporary disability benefits (during the period the authorized doctor instructs them to remain out of work, and permanency benefits, to the extent that the injured worker does not heal perfectly and has any lingering limitations or symptoms, they are entitled to an award for “permanency”.

Automotive, Motorcycle, or Bicycle Accidents

If you were involved in a car accident in which where you were not at fault or were not more than 50% at fault, then you can pursue a personal injury claim to recover compensatory damages for pain and suffering, disability, permanency, as well as lost wages.  New Jersey is a “Comparative Negligence” state which means that an injured plaintiff can prevail even if the injured party is partially at fault for the incident, but is not more than 50% at fault for causing the incident. 

Slip & Falls

If you’ve been injured by slipping and falling on the premises of a business or organization, that failed to properly maintain their premises, or failed to warn of a dangerous condition on the premises, you are entitled to pursue a claim for your injuries, including the cost of medical treatment.   A grocery store may have failed to warn of a wet floor; failed to clean up or block off the area of a spill; failed to clean up food debris on the floor in the produce aisle.  Or a business establishment or residence may have failed to remove ice and snow and/or to treat walkways and driveways properly with salt, sand or ice melt; or failed to remove a dangerous condition on their premises.

Hire a Personal Injury Lawyer Today

If you’ve been injured under any of the circumstances described above, you can look to Edward P. Shamy Jr. to help you receive full financial compensation for your injuries, pain and suffering, disability and lost income.

He has over 40 years of experience in personal injury cases all throughout the greater New Brunswick, NJ area.

If you’ve been injured don’t hesitate to contact the law offices of Edward P. Shamy Jr. today!

Every NJ auto insurance policy allows the insured to choose between Limitation on Lawsuit Threshold hereinafter referred to as “Lawsuit Threshold” and No Limitation on Lawsuit Threshold, hereinafter referred to as “No Threshold”

I would estimate that over 90% of the auto policies in NJ are written with “Lawsuit Threshold”.  If you don’t know what it is, don’t feel badly, you are not alone.  But if you don’t know what it is you can be sure that you were assigned “Lawsuit Threshold” when you purchased your auto policy because under NJ law that is the option that every purchaser of auto insurance gets by default if they do not affirmatively choose to have “No Threshold”.

You might ask: Why is that the default option in NJ?  The answer is that the insurance lobby is powerful in NJ and they persuaded the legislature to make Lawsuit Threshold the default choice. That is the option the insurance industry wants you to have (Lawsuit Threshold) because it limits your right to sue for personal injuries sustained in a motor vehicles accident.  And, if your right to sue is limited, well…that’s better for the insurance companies…but definitely NOT better for you.

When you purchase an auto insurance policy No Threshold costs more than Lawsuit Threshold. However, most if not all insurance companies in NJ do not pay a commission to an insurance agent for selling a No Threshold policy, which is a bit more expensive.  Why?  Because they simply want to remove any financial incentive for the insurance agent to sell a “No Threshold” policy.  They would prefer that everyone have “Lawsuit Threshold”.  I am not aware of any other policy enhancement that costs more, for which a commission-based insurance agent cannot earn a higher commission.  Think about it.

So, what is Lawsuit Threshold?  Lawsuit Threshold is a limitation in an auto insurance policy which sets forth certain criteria that must be established before the owner of the policy and the family members of the policy owner’s household can pursue a claim for non-economic damages (pain and suffering, disability, permanency)

The injured person must meet at least one of the following criteria to be permitted to prevail in a claim for pain and suffering, disability and/or permanency (non-economic damages).

Here’s the criteria:

1. Death;
2. Dismemberment;
3. Significant disfigurement;
4. Displaced Fracture;
5. Loss of a Fetus; or
6. Permanent injury that can be shown by objective medical evidence.

Somone who sustained an injury to their neck or back with only strained/sprained muscles or ligaments would not satisfy the Lawsuit Threshold, although such an injury can be quite painful and may persist for an extended period of time.  By contrast, somehow who suffered a herniated or bulging disc would likely satisfy the Lawsuit Threshold.

Previously in NJ to meet the Lawsuit Threshold an injured person could satisfy the Lawsuit Threshold if they had a fracture… say a broken nose or a fractured rib.  Now, under the current law, only a displaced fracture satisfies the Lawsuit Threshold.  A non-displaced fracture does not.

On some auto insurance policies if may be difficult to tell which Threshold you have.  Sometimes the Threshold is not indicated in an obvious manner with your other coverage choices.

If you don’t know which Threshold you have, or if you know you have Limitation on Lawsuit Threshold you may wish to contact your insurance carrier to find out how much more your policy would cost if you modified the Threshold to “No Limitation on Lawsuit Threshold” which provides much better protection to you and your family.  Then, if you can afford it, I’d advise you to modify your policy to have “No Limitation on Lawsuit Threshold” …the better coverage for you and your loved ones.

If you’ve already suffered an injury whether from an auto accident, a work injury, a slip and fall, of simply an injury that occurred at home, it is even more important to have “No Limitation on Lawsuit Threshold” because to satisfy the “Lawsuit Threshold” you will have to establish a new injury that can be shown by objective medical evidence or a clear worsening of your prior injury that can be shown by objective medical evidence (such as an MRI, CT Scan, Nerve Conduction Study or Xray) to satisfy the Lawsuit Threshold. 

For example, if you have already suffered a herniated disc in your lower back from a work-related injury, and then a few years later you are in an auto accident and your back flares up.  You will not have a case, unless there is objective evidence of a new injury or a worsening or your prior herniated disc.

For all of the foregoing reasons I always encourage my clients to purchase “No Limitation on Lawsuit Threshold” if they can afford to do so.

When you’ve endured an accident, and you contact a personal injury lawyer to help you with your claim to receive restitution, there are a variety of factors that can help or hurt your case. Medical testimony is essential to establish the nature and extent of the injuries you have suffered in the incident.  Testimony from a medical expert is critical to prove a causal relationship between the accident and the injuries sustained, and to explain your prognosis to the jury.   In additional to medical experts, your case may require testimony from other experts. 

For example, if the manner in which the accident occurred is in question, an accident reconstruction expert may be necessary to prove your case.  If your injuries have prevented you from returning to the occupation you were in prior to the accident, testimony from a vocational expert, as well as an economic expert may be critical to establish the reduction in your earnings, and the future value of your wage loss claim over the course of time you would have expected to work.

At the law offices of Edward P. Shamy Jr., we understand the importance of expert medical testimony to support your own testimony as to the injuries you’ve sustained, what you’ve endured and the limitations and discomfort you may suffer in the future.   We also recognize how other experts may be utilized to present your case to the jury.

What is the difference between an Expert Witness and a Fact Witness?

A fact witness is not an expert.  A fact witness is someone who witnessed the happening of the incident, or heard one of the parties make a statement, or made observations that are relevant to the case.  For example, a friend of the injured person could testify as a fact witness that he and the Plaintiff used to enjoy playing basketball and jogging together, but the Plaintiff, since the accident is no longer able to play basketball or jog.

An expert witness is not a fact witness.  An expert witness is an individual who possesses education, training, experience and knowledge in a specific field which has direct relevance to your case and can be applied to your case.

Different Types of Expert Witness in Personal Injury Cases

The type of expert needed in your case depends upon the injury you experienced, and the consequences of your injuries.  As indicated above, there are a several types of experts that may be important in a personal injury case.  

Here are some examples of experts that may be important for the presentation of a personal injury case:

• Accident Reconstruction Expert– this individual examines the scene of an accident and using forensics, reconstruction technology, and witness statements, will recreate the scenario to determine the actual cause of the accident based on the conditions and factors.
  
• Medical Experts– to establish the severity of your injuries, the prolonged healing time that will prevent you from not only working, but also living a full and able life, whether or not your injuries are permanent, how those injuries will affect you on a day-to-day basis, how the injuries can worse over time as you grow older.  An experienced medical professional’s testimony can help establish your pain and suffering, as well as any long-term effects of your injury.
  
• Vocational Expert– if you worked in a particular occupation prior to suffering injury, especially one that requires you to be perform certain physical functions required to do your job, and make a wage, this expert can compare the occupation you had enjoyed prior to the accident with the occupations available to you after the accident, taking into account the physical limitations you will have as a result of your injuries.
  
• Economic Expert – this expert, utilizing the opinion of the vocational expert, can compare the income the injured person was able to make prior to the injury and after the injury, and then can calculate the present day value of the injured worker’s future lost earnings over the period of time that the injured person would have worked if the injury had not occurred in the incident. 

Why Expert Witnesses are Important for Your Personal Injury Case

Expert witnesses provide a great deal of insight to help establish the cause and effects of the accident that resulted in your personal injury. They also lend credibility to your case and provide expert insight into potentially complicated subjects. An expert witness can break down and explain complex concepts in a way that a jury can understand and appreciate, which can have a significantly positive impact on the value of your case. The narrative report of an expert witness can facilitate a resolution of the case long before trial.

Partner with a Personal Injury Lawyer

If you’ve been involved in an accident that resulted in your pain and suffering, high medical bills, and the inability to go back to the same occupation or to return to work at all, you’ll want to pursue a personal injury claim to receive compensation for your injuries, your pain and suffering, lost wages, and loss of future earnings. When the time comes, you’ll want an experienced attorney to go to bat for you.

You can contact the law offices of Edward P. Shamy Jr. to help you navigate the complexities of your personal injury case.

As drivers in New Jersey, we aim to operate our vehicles safely to our destination, but while we drive safely, it’s important to understand the basic facts about the laws and the process in the State of NJ if you suffer personal injuries in a motor vehicle accident.

Edward P. Shamy Jr. is a personal injury lawyer proudly serving New Brunswick, NJ and the surrounding articles. In this article, we’ll detail the different car accident laws in New Jersey so you can know what to do if you are ever involved in an accident.

New Jersey is a No-Fault Insurance State

NJ is a no-fault insurance state, which means that your own insurance provider covers any medical expenses in the event of an injury.  Generally speaking, you cannot sue the party that caused the accident for your medical expenses, unless those expenses exceed the limits of your insurance coverage.  

The typical auto insurance policy provides $250,000 worth of medical insurance coverage with a $250.00 deductible, but there are numerous alternative coverage limits and deductibles available.  Many individuals choose medical coverage through their auto policy as low as $15,000, which in my opinion is a mistake, especially if they do not have adequate health insurance coverage.

Others choose to make their Health Insurance primary and therefore have no medical coverage through their auto insurance.  This selection should never be made without conferring with your major medical health insurance provider to determine if they permit you to make an election for your health insurance to be primary.

Coverage of $250,000 may sound like a whole lot of coverage but, with medical costs being what they are, it is certainly recommended

New Jersey Car Accident Statute of Limitations

In New Jersey if you are injured in a motor vehicle accident and wish to pursue compensation for your injuries, a lawsuit must be filed on your behalf within two (2) years of the date of the accident; or in the case of injuries to a minor, before their 20^th birthday (two years after an individual has attained the age of 18).  The Statute of Limitations cannot be extended. If the claim is not settled or filed within the two-year time frame your claim for compensation and damages is completely barred.

Call The Police At The Scene Of The Accident; Do Not Leave

In New Jersey, if you are involved in any motor vehicle accident resulting in injury to any person, or damage to property exceeding $____, you are required to remain and the scene of the accident and to report the accident to the police.  The drivers may not leave the scene until the police respond, investigate and permit them to depart.  Not only is it the law to report motor vehicles accidents, but it is also good practice. 

When the police respond they investigate, interview the drivers, take essential information, including insurance coverage from each driver, take statements from witnesses and prepare a report.  The police can also call a rescue squad to the scene if needed or requested.  It is wise for you to take photographs of the damage to the vehicles and the position in which each vehicle came to rest after the collision.

Comparative Negligence

Usually there is only one party responsible for causing an automotive collision, but sometimes it’s not that simple. New Jersey is a Comparative Negligence State.  If you are found to be 10% responsible for causing the collision you would receive 90% of the damages you suffered.  If you were found to be 50% responsible for the accident you would receive 50% of the damages.  However, if you were found to be 51% responsible for the collision you would be completely barred from any recovery for damages against the other party.

Contact a Personal Injury Car Accident Lawyer Today

If you’ve been injured in a car accident that resulted in injury and damage, and you’re looking for compensation from the party at fault, you’ll need the help of a personal injury lawyer with experience with New Jersey car accident laws.

Edward P. Shamy Jr. more than a decade of experience with helping NJ drivers receive compensation for medical expenses due to accident injuries. If you’ve been involved in an automotive collision and are looking to receive compensation for your injuries, contact Edward P. Shamy Jr. today!