Valuing Personal Injury Lawsuits Monmouth County NJ

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Category Archives: Premises Liability

Valuing Personal Injury Lawsuits Monmouth County NJ

The Ins and Outs of Personal Injury LawsuitsAccidents happen. In the case that the accident causes injury, a victim deserves the right to rest with complete focus on healing, and not be concerned with the finances of the accident or recovery. A personal injury lawsuit can support the victim of an accident in just this way.

Call our office today to schedule a free and confidential consultation with our legal team regarding any kind of accident or injury and how we may be able to help you and your family to recover full and fair compensation.

Common Types of Personal Injury Lawsuits

Common types of personal injury lawsuits include car accidents, medical malpractice cases, faulty products that cause harm, cases of a victim slipping and falling, animal bites, negligence caused by a motorist, and libel or defamation, among others.

Personal injury cases in the state of New Jersey are tried by the New Jersey Civil Division. With few exceptions, they are determined based on four factors:

Medical Expenses

This includes all expenses directly related to the injury, past, present, and future. In the case that medical expenses will be ongoing, a personal injury lawsuit determines the estimated cost.

Pain and Suffering

This calculation is also made, though it is often more subjective. It includes psychological support from a professional as well.

Out-of-Pocket Costs

After an injury, a victim may have to pay upfront for a number of things that directly support life with an injury. A personal injury claim considers these expenses.

Lost Income

Many times a victim is forced to take a leave from work during recovery, leading to a loss of income. Lost income to date, as well as estimated future income loss, is calculated.

All four of these factors are calculated to determine the size of the plaintiff’s claim.

In the world of personal injury law, most attorneys only charge for their services once a claim has been satisfactorily settled. Because of the fact that they work on a contingency basis, generally, personal injury lawyers take only the cases they are likely to win.

Time Limits & Shared Fault When Filing a Personal Injury Claim in NJ

Under New Jersey law Revised Statutes section 2A:14-2, the time limit to file a personal injury claim in the civil court is two years. After two years from the original injury, the courts will likely not hear a plaintiff’s claim, unless there is an extenuating circumstance.

New Jersey also has shared fault laws. Under these laws, if a claimant is found to be partially responsible for the accident, the total monetary claim will be reduced by the percentage of fault the jury finds them to hold in the accident. If found to be over 50 percent responsible for the accident, the plaintiff loses legal rights to a monetary settlement.

In the case that a person is injured due to the fault of a New Jersey state governmental agency or employee, there is a separate process for filing personal injury claims. Within three months of the accident, a claim must be filed with the New Jersey government. Then, if the government has not been in contact to settle the claim, one must wait six months to file a personal injury claim. In this case, as in all, a claim must be filed within the two-year window in order to be honored by the civil court system.

Our West Long Branch, NJ law firm is here to help protect your best interests

Accidents that cause injury and require a personal injury lawsuit are stressful both on body and mind. A personal injury lawyer is skilled in ensuring that a claimant receives the highest possible settlement that considers all angles of personal, physical, and financial distress caused by the accident.

Our experienced team of attorneys can provide information and support in your personal injury claim, so you can focus on healing. Call our office today at (732) 440-3950 to schedule an initial consultation today; we look forward to supporting you in the counties of Monmouth, Ocean, and Middlesex Counties. You can also visit our website to fill out an online form.

Future Losses Explained

In personal injury cases such as car accidents, premises liability, product liability, construction accidents, truck accidents, motorcycle accidents, and slip and falls, one very important concept is that of “future losses”. If your injury has a lasting impact on your life, such that it impacts your ability to work and enjoy life the same way… Continue Reading

First Conversation with a Monmouth County Personal Injury Attorney

Speaking with a Monmouth County Personal Injury Lawyer Understand the basics and get started Being injured in a serious accident is a traumatic life experience. At the West Long Branch law offices of Chamlin, Rosen, Uliano & Witherington, we hope to alleviate some of the stress involved with the experience by informing our clients as… Continue Reading

How Does Pain and Suffering Factor into my Monmouth County Personal Injury Lawsuit?

In general terms, when a victim retains counsel and files claim the goal of a personal injury attorney is to reach a settlement amount or be awarded an amount through trial that will restore your life to what it was before the negligent party caused your injury. In many cases, that is not exactly possible, so… Continue Reading

Punitive Damages in Monmouth County Personal Injury Cases

Financial compensation within personal injury cases can vary dramatically based on the nature of your case, how your were injured, and much more. The types of damages available may be considered either compensatory (financial compensation for financial loss) or non-compensatory (financial compensation for non-quantifiable suffering). Compensatory damages may cover medical bills and lost wages while non-compensatory damages may… Continue Reading

Monmouth County, NJ Personal Injury Depositions

Most personal injury cases result in a settlement outside of the courtroom. This is due to a litany of reasons including both parties wanting to avoid the costs of litigation, the extended timelines, and the risks involved in a court trial. However, even personal injury cases which never are heard by a judge are still serious legal… Continue Reading

Expert Witnesses Used in Monmouth County, NJ Personal Injury Cases

Personal injury claims are not nearly as dramatic as courtroom dramas we see on TV, films, or in John Grisham novels. However, many of the same concepts do translate into real life legal practice. One of those concepts is the usage of expert witnesses. Experts within personal injury cases are primarily used to give sworn testimony as… Continue Reading

Severe Injuries Demand Higher Personal Injury Compensation

No two injuries are exactly alike. This may seem obvious, but the nature and severity of your injuries can have a material impact on the compensation to which you may be entitled through a personal injury claim. Victims of car accidents, motorcycle accidents, slip and fall accidents, construction accidents, defective product accidents, and any other type of accident may need to… Continue Reading

What is Social Host Liability in New Jersey?

Dram shop statutes in New Jersey are civil laws which may entitle victims of alcohol related accidents to financial compensation for their injuries. While this is commonly associated with businesses or vendors irresponsibly serving alcohol to patrons, dram shop laws also apply to social hosts. It is important to note that within the context of a drunk… Continue Reading

Recovering Compensation for Slip and Fall Accidents

Amongst the most common forms of personal injury claims are those involving slip and fall accidents. Although simple accidents involving falling down may not seem like a big deal, they can sometimes result in severe injuries and lead to costly medical procedures and other incurred expenses. Today, our personal injury attorneys will be discussing when individuals injured in slip… Continue Reading

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Ready to Represent You

Chamlin, Rosen, Uliano & Witherington of West Long Branch, New Jersey, provides representation throughout Monmouth County including Asbury Park, Belmar, Colts Neck, Deal, Eatontown, Freehold, Hazlet, Holmdel, Howell, Lake Como, Long Branch, Manalapan, Manasquan, Marlboro Township, Middletown, Neptune, Oakhurst, Ocean Township, Redbank, Shrewsbury, Spring Lake, Tinton Falls, Wall Township, West Long Branch, and Freehold Township; Ocean County including Bayville, Brick, Jackson, Lakewood, Lakewood Township, Mantoloking, Point Pleasant, Point Pleasant Beach, and Toms River; Middlesex County including East Brunswick, Milltown, New Brunswick, Old Bridge Township, Perth Amboy, Sayreville, South Amboy, South River, and Spotswood.

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