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Personal Injury Law Basics

When one person causes you injury, you will likely require medical treatment, you may miss work and lose income, and you may be left with long-term effects of your injury. Personal injury law allows a person who has been harmed to seek financial recovery from the person who caused them harm. Personal injury laws arise from common law, which is developed by the courts instead of enacted by the legislature. However, New Jersey statutes can address different aspects of personal injury cases, such as the statute of limitations and limits on damages in certain cases. The following is some basic information about personal injury law.

What can Lead to a Personal Injury Case?

Many different accidents and incidents can lead to personal injury cases, including the following:

  • Motor vehicle accidents
  • Slips, trips, and falls
  • Dog bites
  • Medical malpractice
  • Nursing home abuse or neglect
  • Accidents caused by defective products
  • Assault and battery or other intentional acts
  • Construction accidents
  • Defamation

The specific legal issues involved in your personal injury case will depend on the exact type of accident or incident that caused your injuries.

What is Negligence?

The majority of personal injury cases involve the legal concept of negligence. Negligence occurs when a person has a legal duty toward you, they violate that duty, and the violation causes you injury and actual losses. One common example of negligence is as follows:

  • A driver has the duty to drive in a reasonably safe way to avoid accidents;
  • A driver chooses to allow themselves to become distracted while they are driving;
  • The distracted driving causes them to crash into your car;
  • You suffer injuries and financial losses as a result of the car crash.

In addition, if a driver violated a safety law (such as drunk driving or running a red light), they could be found to be “negligent per se,” or automatically negligent, which relieves some of the burden on you in proving negligence.

How Can You Recover in a Personal Injury Case?

There are different ways to recover compensation for your injury. In some cases, you can obtain enough from the party’s insurance company to cover your losses. If that is not possible, you can file a claim in New Jersey civil court. This process is complex, so you want to have the guidance of a skilled personal injury attorney.

Call 973-426-0021 today for a free consultation.

If you would like to discuss your case with an experienced New Jersey personal injury lawyer, please call David H. Kaplan Attorney at Law for more information today.