Personal Injury is a lawsuit whereby the plaintiff claims an injury brought about by the negligence of another, but may also arise in libel and/or slander actions. Damages typically include bodily injury and intentional infliction or negligent infliction of emotional distress, loss of family consolation and direct monetary loss.
The most common types of personal injury claims are: car accidents; trip and falls; assault claims; and those due to a defective product (product liability). An employee may also bring both a workers compensation claim against his employee and a products liability claim against a manufacturer or a negligence claim against another entity on the same job site. This latter instance often arises in construction settings that frequently have many different subcontractors on the same job. The term personal injury also incorporates medical and dental accidents (medical malpractice claims) and conditions that are often classified as industrial disease cases, e.g., asbestosis and other exposure type cases against those in the chain of distribution of the product in question. In these types of cases, attorneys often represent clients on a “contingency fee basis” in which the attorney’s fee is a percentage of the plaintiff’s eventual compensation, payable when the case is resolved, with no payment necessary if the case is unsuccessful.
The amount of compensation for a personal injury will primarily depend on the severity of the injury. Serious injuries e.g., broken bones, severed limbs, brain damage, and spinal cord injuries, that cause intense physical pain and suffering receive the highest injury settlements. Aside from compensation for injuries, the injured person may also get compensated for the lifetime effect of the injuries.
In New Jersey there are time limitation rules, i.e., often an individual must bring a claim within 2 years of the date of the accident and their failure to do so will cause the claimant to lose the right to proceed with their claim. If you’ve been injured in an accident due to the fault of another or a defective product, the attorneys at Young & Perez, with their knowledge of the law and local jury verdicts, can help you receive a fair settlement from the negligent party or a just trial verdict.