Do You Have an Injury Case? Guide by New Jersey Personal Injury Attorney


  • Author Thomas Mallon
  • Published September 27, 2018
  • Word count 1,088

If you are injured due to someone else’s carelessness you can pursue the monitory benefits i.e. compensation form the person responsible. But first is to identify whether you have a case or no, unless and until you are not sure you cannot make any further decisions. Here is a guide by personal injury attorney to identify if you are eligible for the compensation.

There are pretty much a lot of big and small factors that affect the decision of whether you have a personal injury case or no. When you believe that you have a personal injury case, there is still a questioning existing whether you are eligible for a lawsuit or it’s just nothing. So to identify that you can file for a lawsuit, it becomes important for you to monitor the factors and see yourself and where your situation stands. Getting injuries and becoming a part of the accident minor or major ones is very common nowadays. As there is an increase in the population you see a lot of people instead of using the public transport switch to private ones and create chaos around the roads and highways. This way chance of accident increases and so assuming that if you are involved in an accident and injured yourself you can have a personal injury lawsuit filed against the other driver. But here are few points provided by expert New Jersey personal injury attorney that must be cleared away first and foremost and only if you believe after reading this article that you have the right to get compensation for the loss incurred, you can further move on with the case.

Firstly, ask yourself before assuming you have a case, these 3 typical beginner questions given below. And if the answer shows that you are completely eligible for the case, move on further:

• After the accident, did you actually suffer a personal injury that is very painful and severe? Or you just have a property damage that’s it?

• Do you believe in any way that the damages incurred to you can be recoverable?

• And lastly, the most important one, the injuries incurred to you, do you believe that these injuries were due to the negligence and carelessness by not you but the other driver?

And if you believe you are eligible for it, you can contact New Jersey personal injury attorney without waiting anymore.

Now Let Us Discuss These above 3 Points In Brief for Better Understanding;

• Are You Suffering A Personal Injury?

Putting all your concentration on this simple question, did you really suffer injuries? Sometimes what happens is, you may not be suffering any injuries but the only problem that you have faced due to the accident is damage to your vehicle or any other property. Thus due to this anger or frustration, even the minor unclear scar may look like a big injury to you and you may blame the other driver for giving you the injuries as well as the damages. Well, there is no point in assuming the minor injuries to be very severe ones that can result into a personal injury lawsuit. In order to know whether you have a point here, you can contact a doctor immediately sooner after the accident.

If you broke your leg or slip and fall at the workplace, or some driver just crashed you by their car that resulted into a severe hand or leg fracture then you have a personal injury case. What your doctor will check is, did you incur any internal injuries or no if the injuries are not visible. And so once they give you an assurance that you are suffering from injuries that will cost you pennies you have a personal injury case clearly!

• Do You Have Recoverable Damages?

Now, when you hear the word "damages" in a personal injury lawsuit, it simply means that the total amount or you can say money that will be awarded to the victim in response to the injuries incurred in totality by proper calculation with help of New Jersey personal injury attorney. If you can prove in the court that the other party was responsible for giving you these damages, then you definitely have the recovery waiting for you. So the damages that will be awarded to you depends entirely on the money that you have the loss in order to keep yourself in a better condition after the latest accident. Now here is a list of recoverable damages that are awarded to a personal injury victim and so if you believe that you have incurred these type of damages too, you are eligible to file a lawsuit for the same:

If You Have Incurred:

Medical bills that are simply generated due to the latest accident

The severe amount of physical as well as mental pain that is restricting you to live a healthy peaceful life

Loss of wages or salary, as you are instructed to stay home or for a bed rest for a couple of months or even a year depending upon the condition of your injuries

Financial crisis as you are the sole earner of the family and your entire family is dependent on you for the money

Loss of care and affection from your loved ones

You will be able to recover both the economic and noneconomic damages, well, economic damages are easy to calculate as you have fixed amount like medical bills, but non-economic damages are very difficult because it involves pain and emotional sufferings.

• The Negligent Party

If you believe that the other party is simply responsible for the accident and that they have given you this severe injury due to the carelessness and negligence showed by them then you can have a personal injury case.

Duty: The responsible party had a proper duty to be followed towards you under any circumstances, like the focus on the road while driving was important in order to have safe riding.

Breach: Breach is not following what is told and clearly the other party did not follow the duty and this resulted into the problem to the plaintiff

Causation: The action that was perfumed by the defendant was the only legal reason or cause of the plaintiff to suffer injuries.

Damages: The plaintiff that is you, at the end incurred severe injuries, loss of living a peaceful life as well as few property damages too.

If this example fits your case, don’t wait for any further and simply hire a good New Jersey personal injury attorney.

With knowing these 3 pointers, I suppose it’s a clear concept now as to the eligibility for a personal injury lawsuit. Now that you feel that you may or may not have a case, it is good to act accordingly and don’t force yourself to make any kind of wrong decisions. Also, if you have any doubt, or you believe you have a yes to all the above questions, you can still contact a New Jersey personal injury attorney.

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