Do I Have a Personal Injury Case?
Experiencing an injury as a result of someone else’s negligence can be a devastating and life-changing experience. An accident can have far-reaching consequences, ranging from mounting medical bills to lost pay and constant pain. If you were hurt in such an incident, you may be wondering if you have a personal injury case. Personal injury lawsuits are common and can encompass a wide range of incidents, such as motor vehicle accidents, slips and falls, workplace accidents, and more. In this article, we’ll look at what makes a personal injury lawsuit and how to tell if you have a legitimate claim.
What is “Personal Injury”?
If you have suffered injuries due to the negligence of another party, you may be entitled to compensation through a personal injury case. Personal injury lawyers can help you file a claim and represent you throughout the legal process. Injuries can result from a variety of situations, including car accidents, medical malpractice, and dog bites. These injuries can lead to high medical bills, lost wages, and significant pain and suffering. Personal injury lawsuits seek monetary compensation for these damages.
What Is “Negligence” in a Personal Injury Claim?
Negligence is a key factor in personal injury cases. Negligence refers to a breach of the care that is expected of others in society. For example, if a business fails to clear ice off the sidewalk after a snowstorm, they may be considered negligent and potentially responsible for any injuries that occur due to their failure to meet the expected level of care.
How Does Workers’ Compensation Relate to an Injury Claim?
Workers’ compensation claims are a type of personal injury case that does not require proof of negligence. If you are injured at work, you may be entitled to workers’ compensation regardless of fault. However, there may be exceptions to this rule, which can be discussed during a free case evaluation.
How To Determine If You Have A Personal Injury Case
To determine if you have a personal injury case, there are a few key factors to consider:
Was someone else at fault for the accident or injury?
In order to have a personal injury case, someone else must have been negligent or careless in some way that caused your injury.
Did you suffer damages as a result of the accident or injury?
This can include physical injuries, medical bills, lost wages, and pain and suffering.
Is there a viable legal claim to pursue?
This means that there must be a legal basis for holding the other person or party responsible for your injury.
If you can answer yes to these questions, you may have a personal injury case. Personal injury cases can be complicated and require the help of a personal injury lawyer with a lot of experience.
Statute of Limitations in New Jersey
If you’re considering pursuing a personal injury case, it’s important to act quickly. In New Jersey, the statute of limitations for most personal injury cases is two years from the date of the accident or injury. This means that you must file your lawsuit within two years of the date of the incident, or you will lose your right to pursue a claim.
There are some exceptions to this rule. For example, if the injury was not discovered immediately or if the injured person is a minor or under a legal disability at the time of the injury, the statute of limitations may be extended. It’s important to note that the statute of limitations is a strict deadline and cannot be extended except in limited circumstances. Therefore, it’s essential to speak with an experienced personal injury attorney as soon as possible after an accident or injury to ensure that your legal rights are protected and that you can pursue the compensation you deserve.
Contact Birkhold & Maider Today For a Free Consultation About Your Personal Injury Case
If you have been injured in an accident, the personal injury lawyers at Birkhold and Maider can assist you in determining whether you have a personal injury case and help you pursue the compensation you deserve.
We are a reputable law firm that helps clients in Belleville, Nutley, and the surrounding areas of New Jersey. At Birkhold & Maider, LLC, we know how complicated personal injury cases can be and work hard to make sure our clients get the compensation they deserve. Our skilled lawyers will work hard to build a strong case for you, making sure that your rights are protected at every step. If you believe that you have a personal injury case, contact us today for a free consultation. We will look at your case and tell you what your legal options are, with honest and straightforward advice. Contact us today for a free consultation to discuss your case and learn more about how we can help you.
