While most of us try to take every precaution to stay safe, navigating our day-to-day lives without some risk of injury is impossible. Unfortunately, accidents happen all the time. Often, these mishaps are caused due to another party’s negligence. When this is the case, dealing with the aftermath of such an incident can be overwhelming. Depending on the circumstances of the accident, you may sustain physical and emotional injuries that carry significant ramifications down the road. As the bills pile up and the dust settles, you may wonder if you qualify to claim compensation through a personal injury lawsuit. Please continue reading to learn what injuries warrant a personal injury claim and how a knowledgeable Morris County Personal Injury Attorney can help protect your rights.
What Qualifies as a Personal Injury in New Jersey?
Personal injury is a legal term that is used to describe any type of injury that occurs when one person suffers harm due to the negligence or wrongdoing of another person or entity. Essentially, personal injury law covers any situation in which an injury was caused by another person or organization’s intentional, negligent, or reckless behavior. It’s crucial to understand that a personal injury can include physical injuries, such as broken bones and whiplash, as well as emotional and psychological injuries, such as depression and post-traumatic stress disorder (PTSD). Therefore, to be eligible to pursue a personal injury claim, your injuries must have been sustained due to someone else’s actions, whether intentionally or through negligence. The following include, but are not limited to, some of the most common types of personal injury accidents:
- Auto accidents
- Slip and fall accidents
- Dog Bites
- Construction accidents
- Work injuries
- Defective products
- Medical malpractice
- Assault and battery
- Wrongful death
While you may have a valid personal injury case, it’s critical to understand that you must fulfill the burden of proof before collecting compensation for the damages you’ve endured. Essentially, you must prove that the other party’s negligence directly caused your injuries and, therefore, is legally liable. To satisfy the burden of proof, you must demonstrate the following elements:
- The other party had a duty to act with reasonable care
- The other party acted negligently, recklessly, intentionally, or in a way that breached their duty to exercise reasonable care
- The other party’s failure to exercise reasonable care caused your injuries and damages
Should I Consult an Attorney?
Although the burden of proof in civil cases is much lower than that of criminal cases, it’s crucial to enlist the help of an experienced personal injury attorney who can help you gather the necessary evidence to prove your claim. A qualified attorney can help build a strong case and ensure your claim is filed in a timely manner, enabling you to recover any damages you have suffered due to the negligent acts of another.
The aftermath of an accident can be overwhelming. Don’t navigate this difficult time alone. At Lutz Injury Law, we are prepared to help you navigate this complex legal process and fight for the justice you deserve.