Personal injury law encompasses a wide range of legal cases that involve individuals who have been injured due to the negligence or wrongful actions of others. When someone suffers injury or an illness because of another party's carelessness, recklessness, or intentional misconduct, they may have the right to seek compensation through a personal injury claim. Personal injury cases can arise from a variety of situations, and fall under a variety of case types that a personal injury lawyer may handle or specialize in. For example, one lawyer may specialize in car accidents while another may have expertise in medical malpractice, both being very different types of personal injury cases. This is important information to understand if you are considering a personal injury claim.
At Brandon J. Broderick, Attorney at Law, we specialize in helping victims of personal injury get through the sometimes overwhelming process of filing a claim to secure compensation for a car accident, a slip and fall, medical malpractice, or another form of negligence.
Understanding Personal Injury and Its Scope
What is Personal Injury?
Personal injury refers to any physical, emotional, or psychological harm that a person suffers due to another party's negligent or wrongful actions. The goal of personal injury law is to make the injured party whole again by providing compensation for their losses, recovering damages for their medical costs, lost wages, pain and suffering, and other related costs.
Personal injury claims are civil cases, meaning they are handled in civil court rather than criminal court. The burden of proof in a personal injury case is typically "preponderance of the evidence," which means that it is more likely than not that the defendant's actions caused the plaintiff's injuries.
Common Types of Personal Injury Cases
Personal injury law covers a broad range of injury case types. The most common types of personal injury cases include the following:
1. Car Accidents
Car accidents are the most common type of personal injury claims that law firms handle. When a driver fails to exercise reasonable care on the road, resulting in a collision that injures another person, they can be held liable for the damages. In New Jersey, for example, car accident claims are often complicated by the state's no-fault insurance laws, which require injured parties to seek compensation from their own insurance company before pursuing a claim against the at-fault driver. However, if the injuries are severe, victims may be able to file a lawsuit to recover additional damages.
2. Slip and Fall Accidents
Slip and fall accidents happen when a person suffers injury due to hazardous conditions on someone else's property, such as wet floors, uneven surfaces, or poorly maintained sidewalks. Property owners have a duty to maintain their premises in a safe condition and can be held liable if their negligence leads to an injury. These cases fall under premises liability law, which is a subset of personal injury law.
3. Medical Malpractice
Medical malpractice occurs when a healthcare provider fails to meet the standard of care they are expected due to the profession they hold, resulting in harm to the patient. This can include misdiagnosis, surgical errors, medication mistakes, and failure to provide appropriate treatment. Medical malpractice cases are particularly complex, often requiring expert testimony to establish that the healthcare provider's actions deviated from accepted medical standards.
4. Product Liability
Product liability cases generally come from injuries caused by a defective product. Manufacturers, distributors, and retailers can be held liable if their products cause harm due to design flaws, manufacturing defects, or inadequate warnings. Product liability claims can arise from a wide range of products, including automobiles, medical devices, pharmaceuticals, and consumer goods.
5. Workplace Accidents
Workplace accidents can lead to serious injuries, particularly in industries such as construction, manufacturing, and transportation. While most workplace injuries are covered by workers' compensation, there are situations where an injured worker may be able to file a personal injury claim, such as when a third party (not the employer) is responsible for the injury.
6. Wrongful Death
Wrongful death cases arise when a person dies as a result of another party's negligence or wrongful actions. The surviving family members may file a wrongful death lawsuit to seek compensation for their loss, including funeral expenses, lost income, and loss of companionship. Wrongful death claims are particularly sensitive and require careful handling by an experienced attorney.
Important Points to Remember in Personal Injury Claims
When pursuing a personal injury claim, there are several important factors to consider:
1. Statute of Limitations
The statute of limitations refers to the legal timeline that a party has to file a personal injury claim or lawsuit. Every state has different timelines for the statute of limitations for personal injury cases, though it is typically two years from the date of the injury. If you do not file your lawsuit within this timeframe, you may lose your right to seek compensation. However, there are exceptions to this rule, such as in cases involving minors or the discovery of injuries at a later date.
2. Damages
Damages in a personal injury claim can include both economic and non-economic losses. Economic damages cover tangible losses such as medical expenses, lost wages, and property damage. Non-economic damages are intangible losses that an injury victim may suffer, such as pain and suffering or emotional distress. In extreme cases, punitive damages may be awarded to punish a party for a particularly egregious act or behavior.
Call Brandon J. Broderick For Legal Help
Navigating personal injury claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve. Our legal offices serve the states of New Jersey, New York, Pennsylvania, Connecticut, Massachusetts, Vermont, and Florida.
Contact us now for a free legal review.