Elizabeth, NJ Personal Injury Lawyer

Elizabeth, NJ Personal Injury Lawyer

An Elizabeth, NJ personal injury lawyer you can count on knows that when you want to know what is important regarding a personal injury case, you will need to learn about negligence. When you go forward with almost any type of personal injury lawsuit in New Jersey, you should know that the very structure of the case will be built on determining negligence. This is important because if no negligence was found with the other party, that means they were not the one who is at fault for your injuries. Thus, when you are filing a claim against someone else, you will be relying on showing that the other person acted negligently and caused you to become injured in some way.

Showing That There is a Duty of Care

Your personal injury lawyer in Elizabeth, New Jersey will begin by showing that the defendant owed you a duty of care. Thus, if you became injured while on a golf course because the defendant was driving a golf cart and ran into you, you will want to show that they owed you a duty of care. In this situation, that would mean the defendant, like any other reasonable person on a golf course, should know how to properly operate a golf cart before getting behind the wheel, was not distracted while driving, and knew that they were not supposed to harm other people while they were driving. Similarly, if someone is on the road and driving in a car, they owe everyone else the same legal duty to make sure they are driving their car in a safe manner and obeying the law. If they injure you while driving because they are being negligent, that is a breach of this duty. 

What’s next in a personal injury case?

After you establish that there was a duty of care owed, you will want to show that the defendant was the person who violated this duty of care by doing something wrong or by failing to do something altogether. When your attorney establishes that there was a breach in this duty, they will also need to show that you suffered from some type of personal injury. Without an injury, you will not have a case for a personal injury lawsuit. 

How Can a Personal Injury Lawyer Help Me?

When a victim is injured in an accident that was caused by another party or parties, New Jersey law says that the victim is entitled to financial compensation for the losses they have suffered as a result of their injuries and that the party who caused the accident is liable for those losses. These losses – often referred to as “damages” – can be both economic and non-economic. Economic damages include medical bills and lost wages if the victim was unable to work while they recovered from their injuries. It can also include any future loss of income if the injuries have left them unable to work. Non-economic damages include pain and suffering, mental anguish, permanent disability, scarring, and loss of life enjoyment. While the law does not require victims to retain the services of an Elizabeth, NJ personal injury lawyer to pursue a personal injury claim, victims usually have a much better success rate at obtaining the compensation they deserve.

Steps in a Personal Injury Claim

When a victim is injured in an accident, there is usually an insurance company that will be the entity actually paying any damages, such as in car accidents, premises liability accidents, and malpractice lawsuits. As soon as the insurance company learns of the accident and claim, it will immediately assign a claims adjuster to the case. Under no circumstances should the victim speak to the claims adjuster before first consulting with a personal injury lawyer in Elizabeth, NJ.

It is the adjuster’s job to determine if their client was responsible for the accident. They also need to determine if the victim was injured and if those injuries actually occurred because of the accident. The adjuster will also investigate what the economic and non-economic losses of the victim are and if there will be any future losses as a result of the injuries.

When the adjuster has completed their investigation, they will do one of the following:

  •       Accept the victim’s claim and pay the full amount the victim is seeking (This option rarely occurs).
  •       Accept the victim’s claim but dispute the amount of damages the victim is seeking.
  •       Reject the claim and refuse to pay any of the victim’s damages.

If the insurance company accepts the claim but rejects the amount of damages, this means that there is a window of opportunity for both sides to negotiate. If during negotiations, the insurance company refuses to agree to a fair and just settlement or the company rejects the claim completely, the victim’s lawyer will then file a personal injury lawsuit with the court that has jurisdiction of the accident in order to have a jury decide if and how much the victim deserves.

In most personal injury cases that move to litigation, there are often negotiations still taking place between the insurance company and the victim’s Elizabeth, NJ personal injury lawyer and the majority of cases settle before the case goes to the jury.

When you are looking for a reliable personal injury lawyer in Elizabeth, NJ to show that someone else’s negligence caused you to become injured, look no further than The Law Office of Wade Suthard, P.C.