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Scura, Wigfield, Heyer, Stevens & Cammarota Blog

When Can You Get Personal Injury Compensation?

[fa icon="clock-o"] November 17, 2017 [fa icon="user"] Scura Law Firm [fa icon="folder-open'] Personal Injury

person getting leg bandaged by doctorThere are many different situations where you may become injured and have a valid personal injury claim on your hands. However, before you can receive compensation, you and your personal injury attorney must be able to prove that a negligent third party is responsible for your injuries. This is a task that is often much easier said than done but with a knowledgeable and skilled personal injury lawyer by your side, your chances of reaching the maximum settlement possible greatly increase.

Before you can begin thinking about compensation following an accident, it is important that you have a clear understanding of the different types of personal injury claims. Some of the most common causes of personal injury cases include:

Motor Vehicle Accidents

Car accidents result in the most personal injury cases filed each year in the US. Typically, auto accidents are caused by someone who is not following traffic laws or not driving as carefully as they should be. Careless drivers can usually be held responsible for your injuries following an accident. While exceptions do exist, if you have been injured in an auto accident due to another person’s careless or negligent acts, you may be able to fight for personal injury compensation.

Medical Malpractice

Medical malpractice injuries are also very common in the United States and typically arise when your doctor or health care professional doesn’t provide competent care, resulting in an injury. These are often very complex cases and if you have been injured as a result of medical malpractice, we urge you to work closely with an experienced personal injury attorney to build your case.

Slip and Fall Accidents

Slip and fall accidents are extremely common in both rural and urban areas. From grocery stores to your neighbor’s walkway, the possibility of becoming injured due to the negligent acts of a property owner is very high. While not all injuries that occur on another person’s property will lead to liability, if you have been injured following a slip and fall incident, it is a good idea to speak with the legal team at Scura to determine whether you may have a viable claim for personal injury compensation.

Defamation

Defamation in the form of slander or libel does not refer to a physical injury. Instead, this is an injury to your reputation due to untrue statements that may detract from your quality of life in a number of different ways. While the average person may simply need to prove that a third party’s negative statement resulted in financial loss or other actual harm, certain defamation cases can be especially intricate. For celebrities or public figures, this can mean that they need to prove “actual malice” by showing that the statements made were said in a manner as to intentionally harm with a reckless disregard for the truth.

Dog Bites

While the exact laws regarding dog bites can vary from state to state, dog owners are typically held financially responsible for bites or other injuries caused by their pets. In New Jersey, there are certain deadlines that must be met in order to file a valid personal injury case against a dog owner. State laws dictate that a dog’s owner is liable for dog bites that occur in both private and public spaces and regardless of any prior indications that the dog may be vicious. If you have been injured due to a dog bite, it is important to act quickly to begin the personal injury claims process.

How Much is My Personal Injury Claim Worth?

Personal injury or tort law states that an injured person may be entitled to compensation if someone else’s intentional or negligent acts caused them harm. While there are many different situations that can lead to a personal injury case, not every situation in which someone becomes injured will lead to liability. If you are considering filing a personal injury lawsuit over an accident or another type of injury, it is only normal to question what your claim is worth.

If you are injured in an accident, it is important to understand what type of compensation you can receive and what the process is for determining the maximum amount of compensation you are entitled to. Personal injury compensation is determined by 3 main factors including compensatory damages, punitive damages and how your actions may have contributed to your injuries.

Compensatory Damages

Compensatory damages include any money that is owed to you due to your personal or emotional injuries following an accident or other harmful situation. These damages may be calculated based on repayment for loss of money and can include medical treatment costs, lost wages and/or property loss. Other compensatory damages may include:

  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment
  • Loss of consortium

Punitive Damages

Punitive damages may be awarded to personal injury victims in the event that the responsible party is found to have acted in a careless or brash manner, which led to your injuries. These damages are considered to be a punishment for the defendant as well as a reward for you. For example, if you were injured in an auto accident after the defendant ran a red light, you may be entitled to punitive damages as a form of punishment for their failure to follow traffic laws.

How Can Your Actions Effect Personal Injury Compensation?

In some cases, you may be found partially at fault for your injuries following an accident. For example, if you acted carelessly following a car accident, you could possibly have the total compensation for your personal injury decreased.

Hire a New Jersey Personal Injury Lawyer Today

Knowing whether or not you have a valid case and how much you may be compensated for your injuries are both important first steps in the personal injury process. While each state has it’s own rules regarding personal injury cases, your chances of being awarded the maximum amount of compensation possible can greatly increase by working with an experienced personal injury attorney. If you have been injured in an accident, it is important to begin gathering information for your case as soon as possible. For more information on how the team at Scura can help build your case or to schedule a free initial consultation, be sure to visit us online today.

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