Wall Township Personal Injury Attorney
Personal injuries are due to the negligence of another party. Examples include a distracted driver who hits a pedestrian or a slip and fall on a slick surface at the mall. These often result in serious injuries that leave victims and their loved ones with life-long complications and financial hardships. There is tremendous fallout for accident victims as they must confront the pain and suffering from an accident and manage the economic challenges as well.
A Wall Township personal injury attorney at Harrell Law Firm could protect your right to recover compensation for your damages, including medical bills and lost wages. Powerful insurance companies work hard to protect their profit margins, which often means they will devalue, delay, or outright deny legitimate accident & injury claims. Having a skilled attorney on your side levels the playing field. Call today for a free consultation.
Personal Injury Law in Wall Township
It is common for someone suffering a personal injury to bear some responsibility for the accident. However, they can still receive compensation. Regarding liability, New Jersey is a modified comparative negligence jurisdiction. That means you can still recover damages if you were less than 50 percent at fault.
However, any compensation is reduced by your percentage of fault, as determined by a judge or jury. For instance, if the jury decides you were 25 percent at fault for the accident, a $100,000 award is reduced to $75,000.
New Jersey No-Fault Insurance Laws
New Jersey’s no-fault auto insurance laws are designed to reduce the filing of personal injury lawsuits in car or truck accidents. Motorists must carry a minimum of $15,000 in Personal Injury Protection (PIP) insurance, which covers medical expenses up to policy limits and a percentage of lost wages.
However, you can file a personal injury lawsuit in New Jersey if you sustained a serious injury, which is defined as “death, dismemberment; significant disfigurement or significant scarring; displaced fractures; loss of a fetus; permanent injury (other than scarring or disfigurement).” If someone dies in an accident, the personal representative of their estate may file a wrongful death lawsuit.
Types of Personal Injury Cases
There are many types of personal injury cases, but they all involve a negligent party whose reckless actions caused the accident.
Common types of personal injury cases include the following:
- Assault
- Bicycling accidents
- Bus accidents
- Car accidents
- Defective products
- Dog bites
- Medical malpractice
- Motorcycle accidents
- Pedestrian accidents
- Rideshare accidents
- Slip and fall
- Truck accidents
Common Injuries in Personal Injury Accidents
Some of the most common personal injuries include the following:
- Amputation
- Back and neck injuries
- Broken bones
- Burns
- Internal organ damage
- Spinal cord damage
- Traumatic brain injury
A recent study by the Centers for Disease Control and Prevention (CDC) showed that the estimated medical cost of older adult slip and falls across the U.S. healthcare system is $50 billion annually. It also reports that deaths from crashes “in 2020 resulted in over $430 billion in total cost, including medical costs and cost estimates for lives lost.” Yet most of these accidents are entirely preventable, underscoring the need for a dedicated legal team fighting for your rights
Statute of Limitations
In New Jersey, the statute of limitations for filing a personal injury lawsuit is generally two years from the accident date. Failing to file by that deadline usually means the case cannot go forward. It is critical to consult a personal injury lawyer as soon as possible. Waiting too long can mean crucial evidence may vanish. Your attorney will ensure that you are compliant with deadlines and filings.
Gathering Evidence to Build a Strong Case
Your attorney investigates your case thoroughly and collects evidence to build a strong case. This may include surveillance or CCTV video before it is erased, contacting witnesses while their memories are still fresh, gathering police and medical reports, obtaining photos of the accident, and if necessary, in a car crash, retrieving traffic data from GPS and navigation services.
They also identify all potential defendants. For instance, a defective traffic signal or poorly maintained road may have contributed to a crash. The state or federal entity with jurisdiction over the road may be liable. The same holds if a vehicle malfunction causes a collision. In such cases, the manufacturer or a repair facility may be at fault.
An accident reconstructionist may use 3D modeling and other technology to analyze how a collision occurred. A medical expert testifies as to your prognosis and probable future medical needs. A finance or economics expert calculates your loss of earning capacity based on your income history and specific skillsets.
Ultimately, the success of your case depends on choosing the right attorney. At Harrell Law Firm, we have the experience and the resources to handle your personal injury case.
Seeking Compensation and Damages
Compensation, or damages, in a personal injury case may include the following:
- Medical expenses, current and future
- Lost wages
- Loss of future earnings
- Loss of enjoyment of life
- Property damage
- Pain and suffering
Compensation includes economic and non-economic damages. Economic damages, such as lost wages, medical bills, and property damage, are relatively straightforward to determine. Non-economic damages are more subjective. For instance, compensation for loss of enjoyment of life may require testimony from family and friends as to how the injuries have affected you psychologically and emotionally.
Your age, occupation, education, prior health status, and other elements may affect your compensation. If you are relatively young, the loss of future earnings may play a more significant role than if you are close to retirement age.
What to Do After a Personal Injury
Winning a personal injury case means providing strong evidence. If possible, start collecting that evidence at the accident scene.
- Take photos or videos of the accident. Get the name and contact information of any eyewitnesses. Document the scene with pictures and videos, and report the accident to the property owner or manager. Motor vehicle accident victims should file a report with the police.
- Always seek prompt medical treatment after a personal injury. In many cases, victims are so severely injured that first responders take them to the emergency room. However, others do not initially think they were injured and do not seek immediate medical help. In that case, the at-fault party’s insurance company will allege that the injuries were not serious or that something else caused them.
Contact a Wall Township Personal Injury Lawyer
If you were seriously injured because of another party’s negligence, you need the services of an experienced New Jersey personal injury lawyer at Harrell Law Firm. Schedule a free, no-obligation consultation today. Because we work on a contingency basis, you pay no fee unless you receive compensation. While most personal injury cases are settled, we will take your case to trial if the insurance company refuses to agree to a reasonable settlement.
Our firm serves Central and South New Jersey, including Union, Middlesex, Monmouth, and Ocean Counties.
