New Jersey’s legal system can often be convoluted and often frustrating, but when an accident has resulted in a serious injury, it is important to file a claim to obtain necessary compensation. Personal injury cases can arise when an injury was caused as a result of another’s reckless or negligent actions. Unfortunately, filing a successful claim is no easy feat, as multiple factors must be proven to obtain fair compensation. To ensure the highest amount of compensation is obtained from the party responsible for the damages, contact a knowledgeable attorney right away.

There are many reasons a personal injury claim can be a challenging and complicated process, including collecting necessary evidence to demonstrate the at-fault party’s responsibility. Fortunately, the intricate legal process can be streamlined with the qualified guidance and support of a skilled attorney who is well-versed in the field of personal injury cases.

Lependorf & Silverstein, P.C. is a law firm dedicated to providing their clients with strong advocacy to personal injury litigation. For many years, the respected law firm has proudly represented clients in a variety of personal injury cases, including traffic accidents, premises liability accidents, and wrongful death. With an aggressive approach, the sophisticated law firm is proud to provide their clients with consistent professional representation. The attorneys at Lependorf & Silverstein, P.C. have a reputation for providing successful results for their clients. To schedule a complimentary case evaluation with the firm, consider contacting them today at (609) 429-5854 or complete the contact form here.

Determining if You Have a Valid Personal Injury Claim

“Personal injury” is a legal term used when an injury has been caused as a result of another person, company, or government agency’s negligence. When it comes to personal injury cases, three components are used to determine whether a case is valid:

  1. Negligence – To achieve a successful personal injury claim, it is necessary to prove that the accused party was responsible for the injuries. To accomplish this, it is necessary to demonstrate that the responsible party showed a lack of care and that this resulted in the injuries.

Determining whether or not the responsible party owed the victim a duty of care will depend on the facts of the case. For instance, if the accident involved a drunk driver, the inebriated driver can be held responsible since drivers in New Jersey owe a duty of care to those they share the road with.

  1. Damages – Once it has been established that the at-fault party’s negligence caused the accident, it is necessary to prove that the victim suffered damages as a consequence of the accident. In personal injury cases, damages can be in the form of both economic and non-economic forms.

Common examples of damages include, but are not limited to: Hospital bills, Prescription medications, At-home medical care, Physical therapy costs, Cost of surgery, Property damage, Loss of wages and benefits, Loss of earning potential, Permanent disability, Loss of enjoyment of life, Emotional distress, Trauma and embarrassment, Scars and disfigurement, and Pain and suffering.

  1. Statute of Limitations – Every state has placed a limit on the amount of time allowed to file a personal injury lawsuit, and the State of New Jersey is no different. In New Jersey, most personal injury claims have to be filed within two years from the date of the accident. If the claim is filed after the allowable time frame, the state’s court system will refuse to hear the claim, and the right to obtain monetary compensation from the negligent party will be forever lost. There are certain exceptions to New Jersey’s statute of limitations, which can be found in the state’s Revised Statutes 2A:14-2.

How to Establish a Strong Case After an Accident

Establishing a strong claim after an accident will help ensure the highest amount of compensation is secured. Regrettably, many injured victims fail to consider that their actions after an accident may have serious repercussions, which may affect the outcome of their case. To achieve full compensation, the following steps should be considered:

  1. Evidence Should Be Preserved – The success of most personal injury cases will be based on the preservation of critical evidence. After an accident, it is necessary to gather as much information, documentation, and other key pieces of evidence that demonstrates the accused party’s negligence, including: Pictures of the scene, Accident reports, Witness testimony, and Police reports.
  1. Medical Treatment is Necessary – After an accident, a full medical evaluation should always be obtained, whether or not an injury is apparent. In a vast majority of personal injury cases, the events leading to the accident can trigger a person’s fight or flight response, ultimately masking an injured person’s ability to feel pain. By seeking medical attention immediately after an accident, the hidden injury will be tended to.

In addition, a medical record is a critical piece of evidence as it demonstrates the existence of a person’s losses after the accident. A medical record should always be maintained. If the supervising doctor has recommended a treatment plan, this plan should be carefully followed.

  1. Avoid Rushing to Accept a Settlement Offer – Following a catastrophic accident, many victims suffer serious financial hardships and insurance companies use this to their advantage. Insurance companies work aggressively to avoid paying injured victims the least amount as possible, even if it means people are unable to pay their medical bills. Part of building a strong case against a responsible party is taking the time to ensure an injury has fully developed. This will ensure future medical expenses are paid for, including expenses for at-home nurse care, surgery, and permanent disability.

Obtain Full Compensation Today – Contact a Proficient Personal Injury Law Firm

There are many reasons personal injury claims can be challenging. Challenging factors can include filing a claim before the statute of limitations expires or the preservation of critical evidence throughout the case. To make sure the case has the best opportunity at being successful, it is imperative to obtain the guidance and support of a proficient law firm that is experienced in handling complex personal injury cases.

Lependorf & Silverstein, P.C. is proud to provide their clients with sharp strategies and proficient legal counsel to ensure their injury cases are triumphant. Through their tenacity and dedication, the attorneys at Lependorf & Silverstein, P.C. have established a reputation for excellence and successful outcomes. To schedule a free consultation with the firm, consider filling out the confidential contact form today.

The firm’s principals, Gabriel R. Lependorf and David E. Silverstein, have each been representing injured victims in the State of New Jersey for over thirty years.

Call Our Office At (609) 240-0040 Today for Help