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Understanding NJ Personal Injury Cases

personal-injuryAccidents happen each day. Someone is injured nearly every minute of the day due to the fault of someone else. Accidents may involve several different causes, but the injured party has rights and protections under NJ personal injury law in most all circumstances.

Personal injury cases occur when a plaintiff desires compensation from a defendant whom the plaintiff believes is responsible for his or her injury or losses. An injured person can file a personal injury claim and seek compensation for an injury. A settlement or lawsuit can resolve a personal injury case. A New Jersey Personal Injury Lawyer can provide valuable advice and help the plaintiff choose the best way to resolve a personal injury case.

Types of Personal Injury Cases

There are several types of personal injury cases. Although personal injury law can involve any type of accident or incident resulting in injury, the most common types of personal injury cases include the following:

  • Vehicle Accidents (Auto, Truck or Motorcycle Injuries)
  • Slip and Fall Accidents
  • Premises Liability
  • Workplace Accidents
  • Catastrophic Injuries (Brain, Burns or Spinal Cord Injuries)
  • Malpractice
  • Wrongful Death
  • Dog Bites

When these types of personal injuries occur, the victims should speak with a New Jersey Personal Injury Lawyer who can help them file their claims accurately, so they can receive the compensation to which they are entitled.

Proving Negligence in a Personal Injury Case

Most personal injury cases involve the act of negligence by the defendant. In a court, negligence suggests that the person responsible for the accident acted in a reckless or negligent manner, which resulted in an injury to the plaintiff.

For example, an automobile driver hits a pedestrian because he did not yield the right away or traveled through a red light. The driver’s failure to follow the law may be considered negligence in personal injury law.

If the pedestrian suffered injuries, the negligent actions of the driver may have caused the personal injury of the pedestrian. If the pedestrian was hurt, the driver may be required to pay the pedestrian compensatory damages for those injuries.

Although it may seem obvious in some personal injury cases, negligence can be difficult to prove. A skilled New Jersey Personal Injury Lawyer with offices in Howell, Oakhurst, and Toms River will analyze the evidence, speak with witnesses, and examine the accident scene to determine who is at fault and responsible for your injuries.

Compensation Awarded in Personal Injury Cases

Compensation awarded in personal injury cases depends on the types of injuries and the circumstances of that case. Generally, a plaintiff may receive compensation for the following:

  • Pain and Suffering
  • Medical Expenses
  • Therapy and Rehabilitation Services
  • Lost wages (current and future)
  • Loss of companionship
  • Punitive Damages (Extreme or intentional negligence)

Statute of Limitations in New Jersey

In New Jersey, a person has two years from the day of the accident or incident which caused the injury to file a lawsuit against the at-fault party. A personal injury case can be dismissed when the victim fails to file within the two-year time frame.

The state enforces a modified comparative negligence rule that suggests that if the plaintiff shared part of the blame for the accident, the amount of the compensation will be reduced by the amount he or she shared in causing the accident or injury. When it can be proven that the plaintiff was more than 50% responsible, the plaintiff cannot collect any money from others involved in the incident.

Seek legal Help From a Personal Injury Lawyer Serving All of New Jersey

A personal injury can wreak havoc on your personal and professional life. It can cause you many unexpected hardships that should not have happened if the other person had acted responsibly.  When you or a loved one suffers a personal injury, contact the Personal Injury Lawyers with offices in Howell, Oakhurst, Toms River and other parts of the state. Our lawyers will fight for your rights and treat you like family. We know you deserve compensation for your pain and suffering, and the Personal Injury Lawyers at Schibell Law will diligently work for you until justice is served in your favor. Call 732-774-1000 for more information or to set up a free case evaluation.

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Practice Areas

Proudly located in Monmouth County and serving clients all across New Jersey. Schibell Law LLC has attorneys standing by waiting to discuss your Personal Injury or Workplace Accident today.


Fax: 732-942-2480

3459 Route 9 North
Howell, New Jersey 07731

101 Crawford Corner Rd
Bell Works Suite 4333
Holmdel, NJ 07733

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