Protecting The Rights Of New Jersey Injury Victims
In legal parlance, personal injury refers to any type of injury which occurs as a result of someone else’s negligence. It can involve an individual who slips and falls on a defective surface and thereby sustains injury or someone who is injured as a result of an automobile accident caused by someone else’s negligence.
If you have sustained a serious injury, contact a Red Bank personal injury lawyer at Miller & Gaudio PC to discuss one of the below types of cases during a free initial consultation:
- Auto accidents
- Truck accidents
- Defective products
- Construction accidents
- Carbon monoxide poisoning
- Sexual abuse litigation
The statute of limitations in New Jersey to file a complaint for personal injury is two years. That means that an individual has two years from the date of the incident or accident to file a complaint with the court. If that two-year period elapses and the complaint has not been filed, the claim can no longer be made. There are special rules that apply to infants and those who are considered incompetent under the law.
- Damages from a personal injury claim include physical injury, which may or may not be permanent, and in catastrophic personal injury, the same includes death.
- The plaintiff or injured individual must prove that he or she suffered the harm as a result of someone else’s negligence and as a result of that negligence, he or she suffered damages.
Personal Injury Damages
Damages are generally proven through the use of medical records and the testimony of the treating physician, and they are further corroborated by witnesses such as family members or other individuals close to the plaintiff.
- A personal injury recovery, which is compensation for the injury, may come about either as a settlement of the claim or as a result of a trial on the claim. The claim may settle prior to a complaint being filed. The claim may also settle after the complaint is filed and before trial. If the claim is not settled before trial, a trial will take place and then the jury renders verdict. The jury will reach a verdict based on the evidence that is offered in trial. Compensation for the injury is based upon physical and mental suffering, both temporary and permanent.
- A personal injury recovery for permanent injury and pain and suffering is tax-free under the current law.
- As with any type of litigation, the most important factors in selecting an attorney to handle your claim are experience and a complete understanding of all issues that may arise in the personal injury context. Frank S. Gaudio Esq. of Miller & Gaudio PC has been recognized for having such experience and understanding, both by meeting the rigorous requirements of the National Board of Trial Advocacy and being recognized as a Certified Civil Trial Attorney by the New Jersey Supreme Court.
New Jersey Auto Accident Facts
If you have been injured in an auto accident in New Jersey, either as a driver, passenger or pedestrian, then you need to know some basic facts that outline your rights. Under New Jersey law, it is your auto insurance policy or the auto insurance policy covering you in your home, insuring the members of your household that will determine whether or not you can bring a claim. Your insurance policy declaration sheet will be listed either with a verbal threshold, also known as a lawsuit threshold, or zero threshold. The verbal or lawsuit threshold means that your ability to make a claim is limited. The purpose of this verbal or zero threshold is to prevent lawsuits for soft tissue injuries or other injuries that do not have a significant impact as defined by case law. The zero threshold means that you can bring a claim in any case regardless of the nature of the injury. Obviously, the verbal or lawsuit threshold is sold by the insurance companies on the basis that the coverage is cheaper. The zero threshold, while costing more, truly protects you against other drivers.
Who Is Responsible?
The issue in an auto accident case becomes two-fold. In general, who is responsible for the happening of the accident, and secondly, what are the damages arising solely from the accident. The burden of proof is on the plaintiff, or the person injured, to prove both points. For example, if the other vehicle ran a red light, that is proof of negligence on the part of the other driver. If injured in an auto accident, your medical bills or treatment related to the accident are covered under the PIP portion of your own policy. Some policyholders have made PIP primary, whereas others have made their health insurance primary. The primary policy will pay the medical bills that arise as a result of the accident. Oftentimes, a dispute may arise as to whether or not medical services are needed and in that event the issue can always be arbitrated rather than by a lawsuit filed in court.
It is imperative that if you are injured you seek the advice of a New Jersey personal injury attorney as soon as possible. It is also important to preserve as much evidence as possible. Such evidence may include the taking of pictures of the accident scene as well as bloodied clothing or broken glasses and the like. An excellent method of preserving the facts that you recall are to write everything that happens in detail and to keep a journal, both of the event as well as your treatment and doctor’s visits.
Contact A Personal Injury Lawyer Today
Email or call 732-741-6769 to speak with an accident injury attorney at Miller & Gaudio PC as soon as possible. As with any type of litigation, the most important factors in selecting an attorney to handle your claim is experience and a complete understanding of the issues that may arise in an automobile accident case.