Personal Injury FAQ
What Is Considered a Personal Injury? What Qualifies as Personal Injury?
The term includes all the costs a victim sustains after an accident or wrongful death, including physical and emotional damage. The big difference is the type of damages you can recover in a personal injury claim, including non-economic damages.
Personal injury is considered any type of injury that occurs in an accident. They can be from car accidents, slip and fall accidents, defective products, or wrongful death claims. Personal injury law allows a person that was injured to file a civil lawsuit in court and get legal damages for all of the losses that were the result of the accident.
How Do You Know How Much Your Injuries Are Worth?
Every case is different and evaluating a claim is a dynamic process. Much of the evaluation depends upon how injuries heal and if they heal properly. Clients typically want us to come up with a number to value their injuries. Because it depends a lot on how injuries heal, it is difficult to give a number at the beginning of a case. To be sure, the most important part of your personal injury case is figuring out how much your injuries resulting from an accident are worth.
What If a Person Dies Before Bringing a Personal Injury Lawsuit?
The death of a person does not affect the right to the filing of a claim for an injured person’s injuries. If the death was caused by an accident, that person's heirs may recover money through a lawsuit both for the person’s injuries and economic losses caused by the person’s death.
Can You Be Sued If Someone Slips on Ice Infront of Your Home/Business?
Depending on the right circumstance, you absolutely could be held liable if someone slips and falls on snow or ice in front of your home or your business. If ice has developed as the result of water drainage (i.e., a french drain or gutter that sends water onto the sidewalk), then you could be held liable because you created a hazard.
How Long Do I Have to File a Traumatic Brain Injury Lawsuit in New Jersey?
New Jersey’s statute of limitation states that individuals have two years from the date of the injury to file a lawsuit. If your brain injury resulted from medical malpractice then you have two years from the date that the harm was inflicted. In some scenarios, the statute of limitations could be shortened or lengthened, so it is important to contact a personal injury attorney as soon as possible.
What Are Some Symptoms of Traumatic Brain Injury? How Long Does It Take to Recover From a Brain Injury?
Individuals that have TBI might experience loss of consciousness, temporary amnesia, headaches, and confusion. Serious symptoms of TBI might cause these symptoms as well as problems moving and sleeping, sensitivity to light and noise, ringing in the ears constantly, and dilated pupils.
The recovery period for a brain injury will depend on several circumstances, such as where the injury is located and the type of injury. In severe cases, it might take longer to recover. The effects of serious brain injuries require ongoing treatment, rehabilitation, and long-term care.
I Got Hit on the Head, But I Don’t Think It Was Serious. Could I Still Have Sustained Damage?
Yes, concussions can reappear or continue over time, which is called post-concussion syndrome. If you were hit in the head and knocked out from the impact, even if it was just for a short period of time, you should seek medical help immediately.
What Evidence Will I Need to File a Claim? Will the Information I Share With You Be Confidential?
Police reports, witness testimony, photos of the accident, receipts of medical care, payslips for lost wages, and automobile damage estimates are all examples of important information needed when filing a claim.
Yes, all information shared with our attorneys is kept confidential. This will apply even when our legal representation has ended or if you do not retain our firm.
I Don’t Want a Lawsuit; What Are My Options?
Personal injury claims do not always have to become lawsuits, a fair settlement can be achieved for your injuries without ever having to go to court in some cases.
Is My Case Big Enough for a Lawyer to Handle? How Do I Pay for a Lawyer in a Personal Injury Case?
At The Law Offices of Gold, Albanese, Barletti LLC, we handle cases of all sizes, whether they be big or small. We have the experience to handle all types of cases involving personal injury and negligence.
You should not have to worry about whether or not you can afford a lawyer for your personal injury case. This is why we do not require any upfront legal fees and we don’t get paid unless you win your case.
What Happens if a Person Dies Before Bringing a Personal Injury Case?
If the person passes away due to the fault of another party, this is called a wrongful death claim. The surviving family of the deceased individual is able to bring a personal injury case on their behalf and try to seek compensation. Compensation can include the cost of burial and funeral, lost income, lost guidance or companionship and any medical bills incurred before the individual passed.
What Are Punitive Damages in a Lawsuit?
Punitive damages are to be paid on top of compensatory damages and involve a serious, intentional case. Punitive damages are legal recompense that a defendant found guilty is ordered to pay. Punitive damages are hard to obtain in NJ, so it’s important to speak with a professional personal injury lawyer if you feel punitive damages are necessary.
What Damages Can I Recover After an Injury?
Every case is unique, so it would be best to contact our personal injury attorneys to ensure that you receive compensation for your injuries. Individuals who were injured are generally entitled to compensation including pain, suffering, medical conditions, lost time at work, etc. Punitive damages could also be considered if the injuries were severe and intentional.
What If I Was Injured at the Property I Rent From?
If you have suffered from injuries at your apartment or commercial building, the manager of the property could be at fault. It is important that landlords keep the property safe for their tenants, and failure to do so could lead to dangerous accidents.
What Is Considered a Slip & Fall Accident in NJ?
A slip and fall accident is considered when someone slips and falls on someone else’s property and sustains significant injuries such as broken bones, concussions, brain injury, muscle tears, neck or back pains, and even paralysis.
How Do I Make Up for Lost Wages?
You are able to use PIP insurance if you were injured in a car accident. You could also possibly receive short-term or long-term disability benefits from your employer. There is also the option of using up any vacation time, sick time, and paid time off from your employer. Any wages not covered by PIP or disability can be made part of your personal injury claim.
Is It Possible to Sue a County or City?
Cities, towns, and counties are protected by what is called sovereign immunity, meaning as a general rule they cannot be sued for personal injury in New Jersey. But, there are some exceptions. Anyone with a personal injury claim or lawsuit against a city or town must provide notice within 90 days of the date of injury. Once you have submitted notice, the municipality has about 6 months to review the claim, in which you cannot file legal action until that period is over.
Do All Personal Injury Cases Go to Trial?
It’s hard to tell which cases are going to go to trial or settle beforehand. It’s always a good idea to prepare as if you are going to trial by getting the necessary reports and evidence so that if the case does not settle before the trial you are ready. Most people do not want to go to court, and most cases can be settled outside of court but there is always a possibility that your personal injury case could go to trial.
What If I Had a Pre-Existing Condition?
If the injury you suffered led to your pre-existing conditions becoming worse, you could be entitled to compensation. For example, a shoulder problem that would occasionally bother you, and has become more aggravated after the injury by causing further trauma to the shoulder, could represent worsening of your condition due to an injury caused by the defendant.
What Kind of Cases Do Personal Injury Lawyers Handle? What Should I Expect From a Personal Injury Claim?
Personal injury lawyers handle a variety of different negligence cases, ranging from car accidents, truck accidents, aviation accidents, medical malpractice, legal malpractice, child daycare negligence, wrongful death cases, and many other types of negligence cases. If you believe you have been a victim of negligence, contact The Law Offices of Gold, Albanese, Barletti LLC today for a free case evaluation.
Your claim will need to be supported with facts, and your lawyer will step in and be the only source of communication between you and the insurance companies. If the police were called at the time of the accident, then there will be a report showing all of the parties involved and an overall summary of what happened. Your lawyer will also spend some time gathering more information and details, and speaking with some of the witnesses of the accident. You will then be directed to a medical office specializing in injury recovery. Once you have received a medical evaluation, you will get an offer from the insurance company once all the damages are evaluated.
How Long Do I Have to File My Claim? How Much Is My Case Worth?
In New Jersey, you typically have a time limit of about two years from the date of the accident, although you are subject to certain exceptions. There are special rules that typically apply to minors, where the two year period doesn’t start until after their 18th birthday.
No two cases are the same, and several factors go into determining the value of a claim. The extent of your injuries, medical expenses, and other damages are all taken into consideration when determining how much your claim is worth. You may be able to recover compensation for: Medical Treatment Lost Wages Pain and Suffering Emotional Distress Loss of Enjoyment of Life Loss of Companionship and Consortium Property Loss Punitive Damages
Should I Seek Medical Attention for My Injuries?
After any accident, you should seek medical attention immediately. Documentation that includes medical examinations, X-rays and other diagnostic tests can help to provide evidence of your injuries and support the facts of your claim.
The Insurance Company Offered Me a Settlement. Should I Take It?
Insurance companies are in the business of making money, and will try to compensate you for the least amount possible. Injuries sustained in accidents such as motor vehicle crashes often do not manifest themselves until days or weeks later; and can leave you stuck with costly medical bills down the road.
Whether you are dealing with your own insurance company or the insurer of the negligent party, it is vital to seek the counsel of an experienced personal injury accident lawyer. Do not accept a settlement or sign anything without first speaking to a qualified attorney who will protect your rights.
How Long Will It Take to Settle My Claim?
The vast majority of personal injury accident claims are settled out of court. The length of time it will take to settle your claim depends on the individual circumstances. Some cases take just a few months to settle; others may take years.
Why Should I Hire a Personal Injury Accident Lawyer?
Our skilled legal team provides the personalized attention you deserve and will work tirelessly to ensure you receive just compensation for your damages. We have years of experience handling personal injury cases, and we will make sure you receive justice and fair compensation for your injuries. There are no upfront legal fees and we don’t get paid unless you win your case.
What Type of Case Is a Personal Injury Case? How Do I Know If I Have a Personal Injury Case?
Personal injury is considered a civil case. A civil lawsuit results in finding who was responsible for the injury and requires the responsible party to pay money to the victim. Personal injury cases can range from car accidents, slip and falls, or defective product accidents.
If someone else's negligence resulted in you getting injured you should speak with one of our attorneys today at The Law Offices of Gold, Albanese, Barletti LLC. Whether you were injured at work, driving your vehicle, or anything that resulted in personal injury, contact us today to help you determine whether you have a personal injury case.
Who Will Pay My Medical Bills?
After an injury or accident, it’s likely that the victim is worried about how they are going to pay their medical bills. Every case is different, but typically your auto or health insurance would cover your medical costs, or it's possible you might have to rely on the person who was at fault for the accident or injury. Our experienced attorneys can help you discuss your options with a free case evaluation.
What Is Negligence?
Negligence is when someone fails to act or care for other people which can result in an individual becoming injured. An example of this could be a drunk driver or someone who is speeding which results in a car accident and injuries.
What Happens If a Person Dies Before Bringing a Personal Injury Lawsuit?
If an injured person passes away before they are able to bring a personal injury lawsuit, the family of the deceased person is able to bring a lawsuit on their behalf for compensation. If the death was related to an accident, the family can also seek to recover funeral and burial costs, loss of income, and compensation for any medical bills.
What Is a Contingency Fee?
Contingency fees are typically a percentage of the financial recovery, and an attorney that works on your case based on contingency fees will only be taken upon winning or settling the case.