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 20th 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.
