IT sprained my shoulder , back , knee and ankle. I had therapy for 3 months . Also a steroid injection in my neck
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In New Jersey we use a variation of comparative negligence, known as the 51% rule. This means that if you've filed a New Jersey personal injury claim, both the defendant's role in an accident - and yours - will be evaluated. Since many times an accident is a combination of two parties' negligence, you may both be found partially at fault.
In New Jersey, you must be found less than 51% at fault for the accident in order to collect any compensation for your injuries. Additionally, the percentage to which you're found to be at fault will be deducted from any settlement offer you receive.
For example, if you're found to be 25% at fault in a New Jersey personal injury claim and your settlement amount was $100,000, based on New Jersey's modified comparative negligence rule, the amount you would receive as your final compensation would be $75,000.
An experienced New Jersey personal injury attorney can work with you to collect and analyze the evidence from your accident to prove the other party's negligence and strengthen your claim for damages.
Proving Negligence in a New Jersey Personal Injury Claim
The role of a New Jersey personal injury attorney is crucial in proving negligence. Your New Jersey personal injury attorney will be able to evaluate your specific accident, and explain both the strengths and weaknesses of your case.
Proving negligence typically involves 5 elements, which are listed below:
the defendant owed a duty of care towards you;
this duty of care was violated or neglected;
that without the accident occurring, your injuries would not have resulted;
the resulting harm directly caused your injuries; and
you can prove the injuries and damage caused by those actions.
The required duty of care may vary depending on specific situations. For example, lifeguards, doctors, teachers and nurses all have a different duty of care to exercise within their professions. If at any point they fail to respect these duties, their actions can lead to liability issues based on New Jersey personal injury claims.
Important evidence for your injury claim may include the following:
Physical evidence from the scene of the accident - this includes photographs of the injuries you sustained and damage to your vehicle or other property, as well as photos of the accident scene itself, in addition to items such as torn clothing;
Eyewitness statements - witnesses to the accident can provide their observations of what led to the accident. This can help build a compelling case, especially if more than 1 witness gives a similar account that substantiates your version of events; and
Analysis from accident experts - a New Jersey personal injury attorney can hire experts to reconstruct the scene of an accident to further analyze the particulars of your accident.
Keeping a daily post-accident journal helps document the injuries you incurred and how your life has been impacted by your injuries. Also, you will need to keep track of all doctor visits and medical bills and receipts. While this type of record-keeping won't indicate the percentage of negligence, it can be used to determine the amount of damages to which you may be compensated based on New Jersey comparative negligence laws.
New Jersey Personal Injury - Slip & Fall - Soft Tissue Injurys. By Patrick Amoresano. Personal injury case values are determined by several factors, including the strength of the negligence claim against the responsible parties, the age and occupation of the injured party, the nature and extent of his or her injuries, short and long term pain and disability, etc. You should consult with a Certified Civil Trial attorney with extensive personal injury experience as soon as possible to protect your rights, particularly in a broken curb case, as the defect needs to be photographed and inspected before it is repaired.
Jason Garrett EpsteinPro put together a very good explination of the subject, he says:
One of the most common questions personal injury attorneys get from clients is, "What is my case worth?" That is a complicated question that is not easy to answer. The value or worth of a case depends on many factors, as well as the quality of the evidence available.
It's all about the personal injury records
Until an attorney has had a chance to review all medical records related to your injury case, any number would be a wild guess. If you hire an attorney, once he or she has had a chance to review all of the relevant medical records, he or she will estimate the value of your case based on what juries have awarded for other people with the same or similar injuries. This is the most accurate predictor of case value.
Unfortunately, the crucial question when determining the value of a case is not what amount you want or what amount would make you happy. The insurance company wants to pay you as little as possible. It will never settle a case for more than it thinks your attorney will be able to get a jury to award if the case goes to trial. Therefore, the most important question to answer is how much juries have given in similar cases in the past.
Personal injury damages
When it's time to try and resolve your case, you are entitled to compensation from a third-party insurance company or directly from the person who was responsible for your injury. Compensation, or recoverable damages, is broken out in two categories: special damages and general damages.
Special damages: These are out-of-pocket costs, whether past or future, that must be proven with specificity. Examples include prescription expenses, lost wages, current and future medical expenses, loss of earning capacity, cost of repairing or replacing property, and travel expenses.
General damages: These are more subjective damages. Though commonly referred to as "pain and suffering," they cover much more than that. Examples include pain, suffering, embarrassment, loss of enjoyment of life, disability, disfigurement, inability to sleep, and inability to lead a normal life. Typically, general damages are greater than special damages.
Putting it all together in a personal injury case
Being injured as a result of someone else's irresponsibility puts you in the middle of a complicated legal dance that involves many different players. It's possible to make mistakes that can negatively affect the value of your case. The best way to ensure that everything is being handled correctly, that you get the maximum possible result, and that you don't miss out on anything you are entitled to, is to consult with and hire an attorney whose practice focuses on personal injury law.
What a personal injury case may cost
Most attorneys will give free consultations for personal injury cases, and if you decide to hire an attorney, most will work on a contingency fee. This means that the attorney only gets paid if they get you money, and then the attorney fee is a percentage of the compensation you get. This allows you to hire an attorney without having to pay anything up front.
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