Personal injuries result in considerable economic and non-economic damages for victims, for which they can get compensation by filing claims against negligent parties.
Victims can file lawsuits when injured due to negligence in Bayonne. Some of the most common reasons for personal injury lawsuits are car accidents, though victims must meet a verbal threshold to sue, which our lawyers can explain if it applies to your case. Victims generally have two years to bring a claim, whether injured in car accidents, slip and falls, or other incidents. After we file your case, our lawyers can enter into settlement discussions with the opposing side, leveraging evidence and negotiating for the most compensation available. Cases that do not settle might go to court, where a jury will decide the defendant’s liability.
Call our personal injury lawyers for a free case review from Agrapidis & Maroules, P.C., at (201) 777-1111.
Why Victims Sue for Personal Injuries in Bayonne, NJ
If someone owed you a duty of care and breached it, harming you in the process, you may file a personal injury lawsuit against them.
One of the most common examples of this is car accidents. Drivers owe one another a duty of care to drive reasonably, and they must follow traffic laws. Breaching these duties, whether by speeding, making improper turns, or ignoring another driver’s right of way, for example, could cause an accident. While car accident victims can file personal injury lawsuits in New Jersey, they must first show their injuries meet the serious injury threshold under N.J.S.A. § 39:6A-8(a) if they have the limited right to sue option for their auto insurance.
Other personal injury claims are not held to such thresholds, and victims can file lawsuits for negligence no matter how severe their injuries are. Slip and fall accidents are some of the most common reasons for personal injuries in Bayonne, and they often happen because of negligent property maintenance. Victims often sustain severe injuries in such incidents, such as head and back injuries, making lawsuits or insurance claims necessary to recover compensatory damages.
When reviewing and preparing your case, our personal injury lawyers can assess the potential liability of all involved parties. This might require more in-depth investigations into the accident, which our lawyers can carry out in the following days and weeks. When investigating, we may speak to and interview eyewitnesses and preserve other evidence, such as possible surveillance footage.
Deadline to Sue for a Personal Injury in Bayonne, NJ
All personal injury claims are held to a filing deadline, which victims must observe, lest they risk being barred from recovery. Based on the accident’s date, our lawyers can see how much time you have to prepare and file your case and proceed accordingly.
Generally speaking, § 2A:14-2(a) sets the statute of limitations for personal injury cases at two years. There are exceptions, such as tolling for any period of time that the defendant is out of the state, preventing you from bringing a case despite making attempts, according to § 2A:14-22(a). There is also tolling for minor victims, who usually have two years after reaching the age of majority to sue under § 2A:14-21. Victims who sustain latent injuries might also get tolling for delayed discovery. Despite these few exceptions to the statute of limitations, victims should expect to have just two years to sue, as that is most often the case.
The statute of limitations sets the amount of time you have to file a lawsuit and does not dictate how long the case might take. Our attorneys can begin assembling evidence against the defendant and documenting your damages so we can file well before the deadline, quickening your access to compensation. While victims should not wait too long to sue, they should also avoid filing too quickly, as they might not have sufficient records and evidence prepared to start off with a strong case. We can help you strike the balance of when to file your case to maximize its initial strength without delaying too much.
Negotiating Fair Personal Injury Settlements for Bayonne, NJ Victims
Victims who sustain personal injuries from negligence typically need compensation quickly. Defendants understand this and might make lowball settlement offers, hoping that victims will just accept without thinking about it or consulting a lawyer. Victims who accept bad settlements might find themselves missing compensation for various damages.
To prepare for settlement negotiations, our lawyers will identify the most compelling evidence of fault to leverage against the defendant and calculate your total losses. Regarding your economic damages, we will help you track and organize your medical bills so that there is sufficient evidence of the cost of treatment. If injuries prevent you from returning to work, we can also use employment and financial records to calculate missed income from the accident.
Estimating non-economic damages prior to settlement negotiations is crucial, as victims might experience considerable emotional distress or mental anguish when recovering from life-altering injuries. Using the appropriate calculation methods and evidence, such as statements from mental health experts, our lawyers can express your desired compensation for pain and suffering during negotiations.
Expect the defendant’s first offer to be low, as that is often the case. The first offer is just a starting point and does not necessarily indicate how much the defendant will pay after negotiations. For example, certain tactics, like enlisting experts to give statements confirming the defendant’s liability or explaining the victim’s future damages, could convince the opposing side to increase their offers.
Settlement agreements are only binding once signed by all involved parties, and victims can change their minds about a settlement at any time before that point. Our attorneys can explain what going to court might entail so that you are prepared for a possible trial if you do not settle your case.
Call Our Bayonne, NJ Attorneys About Your Injury Case Today
Call the personal injury lawyers of Agrapidis & Maroules, P.C., for a free case evaluation at (201) 777-1111.