If you have been injured because of the careless or negligent acts of another person, how do you know whether you should seek compensation through legal action? What are the steps you need to take to protect your interests? What must you show a jury in order to recover damages? This blog addresses the basic aspects of a personal injury claim in New Jersey. If you have been hurt, you want to immediately contact an experienced lawyer.
At the Law Offices of Mallon & Tranger, we fight for the rights of people who have suffered needless injury because of the wrongful acts of others. To schedule a private meeting, contact us by e-mail or call us at (732) 410-6094. Your first consultation is free.
In the Aftermath of a Personal Injury
Once you have sought and obtained the medical care you need, you want to notify any insurance provider that may be responsible for coverage. Don’t be surprised, however, if your insurer engages in delays, initially denies your claim or offers you far less than you need to cover your losses. Insurance companies have a vested interest in paying you as little as possible; it’s how they maximize their profits.
To the extent possible, you will want to preserve any evidence that supports your claim. If you were involved in an automobile accident, take pictures of the scene of the accident, as well as the damage to all vehicles. Obtain the names, addresses and other contact information of all witnesses. Make certain you tell doctors or medical personnel about every injury you have, not just what you think are the most significant ones, and make certain they document all your complaints.
What You Must Show to Recover Compensation
In most personal injury claims, your lawsuit for damages will be based on a legal theory of negligence. To show negligence, you must demonstrate that the party who caused your injury engaged in conduct that a reasonable person would not have engaged in. For example, it is generally accepted that a reasonable person would obey all traffic laws. If you can show that the person who caused your injury was in violation of traffic laws at the time of your accident (they were speeding, driving while intoxicated or failed to stop at a red light, for instance), you have the basis for a claim of negligence.
Once you have shown that the other person acted unreasonably, you must show that their actions caused your injury. Furthermore, you must show that you suffered actual losses because of the injury. You cannot seek recovery for damages you have not actually suffered.
Contact Mallon & Tranger
We offer a free initial consultation to people in New Jersey who have suffered a personal injury. To set up a meeting, contact us by e-mail or call us at (732) 410-6094 for an appointment. We have offices in Freehold, Toms River and Point Pleasant.