When you’re injured as a result of the negligence of another party, talking to an experienced Essex County personal injury lawyer is the best thing you can do. We’ll ensure you understand your options and fight to recover compensation for your injuries and other losses.
Personal injury can compromise the quality of your life. Not only do you have to deal with the pain and possible disability, but also the emotional suffering and the financial strain.
Your situation could be even worse if you find yourself having to deal with the bureaucratic processes involved in dealing with insurance companies and other entities.
The experienced personal injury attorneys at Rosengard Law Group will evaluate your case for free. We’re dedicated to fighting on behalf of the injured to recover maximum compensation.
Contact us today to book an appointment with one of our Essex County personal injury attorneys.
Types of Claims Our Essex County Personal Injury Attorneys Handle
Our Essex County personal injury lawyers are passionate about helping victims of accidents. We will help you level the playing field and pursue compensation on your behalf. We’re experienced at handling cases related to:
- Motor vehicle accidents – see the NJ car accident lawyer page
- Dog bites
- Burn injuries
- Truck accidents
- Workers’ compensation
- Wrongful death
- Slip and fall accidents
- NJ Medical malpractice attorney
- Construction accidents
- Product liability and much more
People are injured every day in New Jersey. If your injury is as a result of the negligence of another party, let us fight to recover compensation on your behalf. We represent personal injury victims in Newark, Montclair, West Orange, Livingston, Cedar Gove, Essex Fells, Bloomfield, Glen Ridge, East Orange, and the surrounding areas.
Negligence in Essex County Personal Injury Cases
Negligence is defined as the failure to exercise a reasonable level of care in order to minimize risk. In order to recover compensation in a personal injury claim, you must show that the other party was negligent and that their negligence resulted in the accident that caused your injuries.
For example, all drivers are expected to adhere to laws such as driving below the speed limit to minimize risk to other road users. If an accident occurred as a result of speeding, the speeding driver would be considered to have been negligent. They did not act as a reasonable driver would have.
However, negligence under New Jersey law isn’t as straight forward. It’s always a good idea to speak to an Essex County personal injury attorney for a case evaluation. We’ll help you determine if you have a legitimate personal injury case or not.
Application of Negligence in Essex County New Jersey Personal Injury Claims
In most personal injury claims, negligence is used to determine whether a person or organization can be held liable for the injuries that the plaintiff has suffered. If the negligence of the defendant caused the accident that resulted in the plaintiff’s injuries, then the defendant will have to pay the plaintiff compensation for the injuries and losses.
For example, if the defendant did not repair a broken stair that resulted in you falling and breaking your leg, they may be held liable for your injuries. However, if you were trespassing at the time of the accident, you may not be able to recover compensation for your injuries.
Personal injury claims in New Jersey are further complicated by the fact that New Jersey is a contributory negligence state. This means that the contribution of the injured party towards causing the accident will also be considered in determining liability and the resulting compensation.
For example, if the defendant was speeding when the accident occurs, they may be held liable for the accident.
However, if you were distracted at the time of the accident e.g. changing the radio station, you will be considered to have contributed to the accident.
The amount you will be compensated will depend on how much you contributed towards the accident. For example, if you are determined to have been 30 percent responsible for the accident, you will only be given 70 percent of the total compensation awarded for your claim.
In order to recover compensation for a personal injury claim based on negligence, you have to provide evidence that proves the other party was negligent. An Essex County personal injury lawyer can help you gather the required evidence to build a strong case.
In order to build a strong case, it is important to understand how New Jersey courts determine negligence and therefore a liability. There are two standards that are used:
This is used to determine the standard of care that a reasonable person would provide under the same set of circumstances. This standard is used by the court to measure the defendant’s choices and determine if the actions taken were reasonable. If the court finds that a reasonable person would have acted in a different way, the defendant will be considered to have been negligent.
Elements of negligence
There are four elements of negligence that courts use to determine liability. These include:
- Duty of care – Did the defendant have a duty of care towards you at the time of the accident? Were they responsible for ensuring safety?
- Breach of duty – Did the defendant act in a way that would constitute a breach of their duty toward you?
- Causation – Did the defendant’s actions or lack of action result in the accident? Did this accident result in the injuries or damages you suffered?
- Damages – Did you suffer economic or noneconomic damages as a result of the injuries?
Not all personal injury cases are based on negligence. Some cases are based on strict liability. Unlike negligence, strict liability does not require the plaintiff to prove negligence on the part of the defendant. The defendant will be held liable for the damages that you suffered even if there was no evidence of negligence.
Strict liability is often used for personal injury claims involving defective products. You only have to show that your injuries are a result of the use of the defective product in order to recover compensation.
While these claims may sound simple, they are actually often much harder to pursue than other personal injury claims. Going up against a large manufacturing firm can be intimidating. However, with the help of an experienced Essex County personal injury lawyer you can successfully recover the compensation that is rightly yours.
What is My Essex County NJ Personal Injury Case Worth
This is one of the first questions that victims as Essex County personal injury attorneys during their case evaluation. There are many different types of personal injury lawsuits. Each case presents unique circumstances. Compensation for personal injury claims therefore vary. It is therefore difficult to determine the exact amount that your case would be worth.
However, an experienced Essex County personal injury lawyer can provide you with an approximation based on the evaluation of your case and investigation of its circumstances. You should be able to recover compensation for:
These may include:
- Loss of income
- Loss of future wages
- Hospital bills and other related medical expenses
- Costs of physical therapy and rehabilitation
- Costs of damaged property
These may include:
- Pain and suffering
- Loss of consortium
- Loss of quality of life
If you are filing a wrongful death claim, you may be able to recover compensation for:
- Funeral expenses
- Burial expenses
- Medical expenses related to the treatment of injuries before death
- Loss of consortium
It is important to seek the assistance of an experienced Essex County personal injury lawyer. We will guide you on the type of damages you can seek compensation for. We’ll fight to recover maximum compensation for your losses.
How long Will My Essex County NJ Personal Injury Claim Take
Personal injury cases vary widely. Even what seems to be a straight forward case can develop complexities that may be difficult to resolve. There are also instances that the defendant will try to prolong the case in an effort to avoid compensating you for your injuries.
Our dedicated Essex County personal injury attorneys will be with you every step of the way. We’ll fight to protect your rights. We won’t relent until justice is served. We’ll pursue your case to the highest level if required.
Contact us today for a free case evaluation. The personal injury lawyers at Rosengard Law Group will aggressively pursue your compensation.