Another person’s negligent or reckless act could leave you badly injured, and we can help you on your path to financial recovery after an accident in Kearny.
Proving fault in personal injury lawsuits requires our lawyers to prove four elements, starting with establishing the fact that the defendant owed the plaintiff a duty of care. Next, we must show how the defendant breached that duty with their negligent conduct, ultimately causing your injuries and the damages you incurred. Generally, these lawsuits are held to two-year filing deadlines in New Jersey, and our attorneys can file your case on time and handle settlement negotiations or a possible trial.
To get a confidential and free case review from Agrapidis & Maroules, P.C., call our personal injury lawyers at (201) 777-1111.
How to Prove Fault in Kearny Personal Injury Lawsuits
Plaintiffs who file personal injury lawsuits that go to trial must satisfy four elements to prove fault. Our attorneys can plan to prove the defendant owed the plaintiff a duty of care and breached it, hurting them and causing them damages so they can get the compensation they need to heal from an accident.
Duty of Care
Duties of care exist across many relationships, and our personal injury lawyers will help you determine if one was present during your recent accident. For example, any time you enter into a commercial establishment or someone’s home, the property owner owes you a duty to ensure the area is free from hazards and reasonably safe. Drivers sharing the road with you owe you a duty to follow traffic laws and operate their vehicles with reasonable care. Medical professionals also owe you a duty of care when treating you. Failing to provide the standard level of medical care in any situation could lead to serious injuries or complications for patients, entitling them to compensation.
Breach of Duty
How the defendant breached their duty of care is also how they were negligent or reckless. This is the irresponsible act that eventually led to the incident, which our attorneys can ascertain by reviewing relevant evidence. For example, after a car crash, we may survey the accident location to identify nearby surveillance systems or doorbell cameras that may have captured the collision. Our attorneys will also prioritize talking to eyewitnesses who can recall the defendant’s breach of duty and can testify to them speeding or otherwise being negligent.
Causation
The third element in personal injury lawsuits is causation. Plaintiffs must go beyond simply proving the defendant was negligent. They must also show that the defendant’s breach of duty directly caused their injuries. Eyewitness statements, video evidence, and photos of victims’ injuries immediately after sustaining them can help prove causation. As can victims’ medical records that align with an incident’s date and time, so do not delay getting any care you might need if someone else’s negligent act hurts you.
Not all victims notice their injuries immediately, like after being hurt by medical malpractice. In cases of delayed discovery, our attorneys may get the court to grant plaintiffs tolling exceptions, pushing back the statute of limitations and giving them more time than they anticipated to sue for damages. Do not assume that delayed discovery disqualifies you from filing a lawsuit or makes it impossible to prove causation in a future case.
Damages
The final step in proving liability for personal injuries is showing the plaintiff incurred real damages from an accident. We can achieve this by closely monitoring all economic damages you suffered and non-economic harms you experienced, starting with your medical expenses. These are typically the most consequential for victims, particularly those with hard-to-heal injuries. Victims may have countless follow-up appointments with physicians, need to see specialists, and have to undergo many rehabilitative treatments to make full physical recoveries. We will keep detailed records of these losses so we can present proof of them during your lawsuit in Kearny.
While healing at the hospital or at home, you might be unable to work, leading to challenging lost wages. Our lawyers will also factor these damages into our requests for relief so that you get compensation for missed income due to negligence.
We will not fail to consider the mental and emotional toll another’s recklessness or irresponsibility has had on your life. Non-economic damages are inherently subjective, so having victims give their firsthand accounts of their pain and suffering since an accident might lead to larger recoveries for non-economic damages, particularly in cases that go to trial.
The Timeline of Your Kearny Personal Injury Lawsuit
Once our attorneys identify a cause of action and confirm that you can file a lawsuit, we can start preparing your complaint to file before the statute of limitations runs out.
Generally speaking, victims of negligence have two years to file lawsuits against liable parties in New Jersey, according to N.J.S.A. § 2A:14-2. The sooner we begin working on your case, the better so that the time leading up to you filing your claim is used to its fullest. We can also ensure your complaint is not delayed and is filed appropriately so that the claim can continue. Not filing within the statute of limitations would bar you from recovering damages, which we will aim to avoid.
After filing, we may enter settlement negotiations with the defense, during which we can discuss an out-of-court arrangement that compensates you. Rushing this process is advisable, as doing so could result in an unfair offer that leaves crucial damages uncovered. While going to court instead of settling might extend your case slightly, it could also let you claim greater damages, depending on the circumstances, and our attorneys can weigh all important factors when helping you navigate your personal injury lawsuit in Kearny.
Call Our Kearny Injury Attorneys About Your Case Today
To get a free case assessment from Agrapidis & Maroules, P.C., call our personal injury lawyers today at (201) 777-1111.