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Injury Claims in New Jersey – What You Need To Know Now

By Lependorf & Silverstein on March 10, 2021

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People who have been seriously injured in an accident that was caused by another, such as in a slip and fall accident, auto accident, or even a dog bite injury case, are likely wondering how much their claim is worth. This comes as no surprise since accidents caused by negligent parties can have many serious consequences, all of which can affect victims in many areas of their lives. To identify the true  value of a claim, it is important to understand that every personal injury case is different. Consequently, the value of every case will be different. To identify the value of a case, a variety of factors will be examined. Some of these factors are explored below.

Receive the Compensation You Deserve With the Right Legal Support

After being injured in an accident, hiring the support of a skilled attorney will ensure fair compensation is secured. The personal injury attorneys at Lependorf & Silverstein, P.C. have extensive experience in helping injured victims secure the highest compensation possible after a negligent accident. Through in-depth investigations and analysis, the firm takes pride in ensuring responsible parties are held accountable for their negligent actions.

At Lependorf & Silverstein, P.C., clients always receive high-quality legal representation. With the vast resources of the firm, every client receives the personalized attention and responsiveness they deserve. To schedule a complimentary case evaluation with the firm, call (609) 429-5854 or complete the confidential contact form here.

Elements Necessary to Prove a Claim

For personal injury cases filed in the State of New Jersey, certain elements must be proven for a claim to be successful. These are:

  1. The accused party owed the injured victim a duty of care;
  2. The accused party breached the duty of care through an act of negligence; and
  3. As a result of the breach, the victim suffered injuries and other losses.

Available Damages Following a Personal Injury Accident

When the aforementioned elements are established, a successful claim can provide a victim with the necessary compensation needed in their recovery. According to state law, the purpose of a damages award is to help make the victim “whole” again. Depending on the facts of the case, it may be possible to receive compensation for the following damages: Hospital bills, Ambulance costs, The cost of physical therapy, Surgery costs, Prescription medication expenses, Permanent disability, Loss of wages and benefits, Loss of future income, Emotional trauma, Pain and suffering, Loss of quality of life, and Mental anguish

The Importance of Securing Evidence After an Accident

To obtain the highest compensation possible after an accident, securing critical evidence that demonstrates the losses is necessary. The following are key pieces of evidence that can help build a strong case: Police reports detailing the incident, Pictures and video of the scene after the accident, Pictures of the injuries sustained from the accident, A written report detailing the events that led to the accident, A written report detailing the injuries suffered and their development, Medical reports and evaluations from licensed health care providers, and Documentation from the employer detailing the time taken off of work.

It is not uncommon for defendants to challenge the accusations made against them. When sufficient evidence is collected throughout the case, recovering fair compensation is possible even when the defendant and his or her insurance company adamantly deny responsibility for the accident.

New Jersey’s Comparative Negligence Rule

The State of New Jersey observes the comparative negligence rule, which means that an injured victim’s damages award will be reduced by the percent found to have contributed to the accident and therefore, his or her injuries. For example, if the victim is found to be 20 percent responsible for the accident, his or her damages award will be reduced by 20 percent. The percent of liability for each party involved in the accident will impact the value of the personal injury claim.

The Failure to Mitigate Losses

A final way the value of a personal injury claim can be impacted is by the victim’s failure to mitigate his or her losses. The failure to mitigate is a defense routinely used by accused parties in order to reduce or invalidate a victim’s claims. Like comparative negligence, the failure to mitigate is considered an affirmative defense used to minimize the victim’s injuries and losses. Unlike comparative negligence, however, the failure to mitigate does not reduce the defendant’s responsibility. Instead, it reduced the damages award when there is evidence proving that damages caused by the defendant could have been reasonably avoided by the injured victim.

When the injured victim fails to mitigate damages, this gives the defendant a valid reason to contest the amount of damages sought by the victim. The following are common examples of ways in which an injured victim can fail to mitigate his or her losses: The failure to return to work, Missed medical appointments, The failure to complete rehabilitation or physical therapy, The failure to obtain medical care right after the accident, Foregoing a surgery or other type of necessary medical treatment, and The failure to continue medical treatments as advised by a licensed medical professional.

Contact an Experienced Personal Injury Attorney Today

After being involved in a serious accident caused by another party, obtaining fair compensation can be extremely challenging. Nonetheless, securing compensation is necessary, particularly when the accident has resulted in life-changing injuries. If you or someone you love was injured in an accident caused by another party’s negligence, hiring the support of a qualified personal injury attorney will ensure a maximum damages award is obtained.

The personal injury attorneys at Lependorf & Silverstein, P.C. are highly versed in handling a wide range of personal injury cases. With their extensive experience and ample resources, the firm is equipped to handle the most complex types of personal injury claims, including multi-vehicle accident claims, slip and fall injuries, pedestrian accidents, dog bite injury cases, and wrongful death claims. After being injured in a negligent accident, consider obtaining the dedicated support of the litigators at Lependorf & Silverstein, P.C. To schedule a no-cost case evaluation with the firm, call (609) 429-5854 or complete the confidential contact form here.

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Posted in: Personal Injury

The firm’s principals, Gabriel R. Lependorf and David E. Silverstein, have each been representing injured victims in the State of New Jersey for over twenty years.

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