Someone who is injured as a result of another’s negligent or intentional actions may be entitled to financial compensation from the responsible party. Depending on the circumstances of the case, personal injury plaintiffs may be eligible for various types of damages, including compensation for medical expenses associated with their injuries.
If you were injured in New Jersey due to someone else’s negligence, contact Attorney Dana Bookbinder at BOOKBINDER LAW, LLC. We may be able to refer your personal injury case to a certified civil litigation trial lawyer who will work closely with our team to achieve the best possible outcome.
Personal Injury Claims and Negligence
Negligence is the most common legal basis for personal injury claims; it generally applies to situations in which someone’s negligent actions caused another to suffer harm. To prevail in a case based on negligence, the plaintiff must show that the:
- Defendant owed the plaintiff a duty of care
- Defendant breached that duty
- Plaintiff was injured as a result
- Plaintiff has provable damages
There are many accidents that may lead to legal liability. Some of the most common types of personal injury cases based on negligence include:
- Dog bites – In New Jersey, dog owners are strictly liable for any dog bite injuries that occur, meaning that even if the owner was not careless or negligent in the handling of the dog, he or she may be liable for injuries the dog causes.
- Medical malpractice – When a healthcare professional or institution breaches the legal standard of care and a patient is harmed as a result, it may give rise to this type of personal injury claim.
- Premises liability – When someone is injured on someone else’s property – often in a slip, trip, and fall accident – they may be able to recover damages from the property owner or manager.
- Vehicle accidents – According to the New Jersey Department of Transportation (NJDOT), traffic crashes caused more than 60,000 injuries and nearly 600 deaths in New Jersey in a single year.
- Workplace accidents – Workers who are injured by a third party other than their employer may be able to recover additional compensation in a third-party personal injury suit.
- Wrongful death – When a person dies due to someone else’s negligence, the deceased person’s family may be able to claim financial compensation in a wrongful death claim.
Personal injury claims may also be based on injuries that arose due to someone’s intentional actions. This type of civil claim often coincides with criminal charges against the perpetrator. Some common types of intentional tort personal injury claims include:
- Assault and battery – When someone is threatened with, and then harmed by, offensive physical contact, they may be able to not only press criminal charges but also obtain monetary damages in a civil personal injury lawsuit.
- False imprisonment – To prevail in this type of personal injury claim, one must prove that they were intentionally detained against their will and that the detention was unlawful.
- Wrongful death – Intentional actions such as criminal behavior can also give rise to a wrongful death claim.
Types of Damages Available in a Personal Injury Case
A person or business may be held legally liable for the injuries they either negligently or intentionally caused. Injured parties may be able to recover various types of damages depending on the circumstances of the case, including compensation for:
- Medical expenses
- Loss of income
- Rehabilitation/physical therapy
- Pain and suffering
- Funeral and burial expenses
Personal injury laws vary by state therefore it is advisable to contact a personal injury lawyer in your local area to discuss your legal options. In New Jersey, personal injury cases must be filed within two years from the date of the injury, according to the state statute of limitations. Contact the experienced legal team at BOOKBINDER LAW, LLC at 856-722-8500 or 856-334-1800 or complete our online contact form as soon as possible to arrange a consultation.