Hoboken Personal Injury Lawyer

A personal injury refers to an injury to a person’s body, mind, emotions, and/or reputation due to the negligence or wrongful conduct of another individual, business, or entity. It doesn’t pertain to damage or harm to property. The types of incidents that can lead to personal injury are wide-ranging, including car accidents, slip and fall incidents, medical malpractice, product liability, and workplace accidents.

The harm suffered in these cases can range from minor injuries to severe ones that cause permanent disability or even result in wrongful death. Personal injuries can be physical, like broken bones, cuts, burns, or spinal injuries. They can also be emotional or psychological, including conditions like post-traumatic stress disorder or depression that result from the incident.

The aim of personal injury law, or tort law, is to provide relief to the injured party for the harm caused by someone else’s negligence and to discourage others from negligent actions. Injured parties can seek compensation, or damages, for various losses associated with the injury, such as medical expenses, lost income, pain and suffering, and more.

To pursue a personal injury claim, the injured party, or plaintiff, typically needs to prove that the defendant was negligent and this negligence directly led to their injury. An experienced Hoboken personal injury lawyer can guide this process, advocating for the injured party’s rights and interests.

Undoubtedly, the most frequently encountered personal injury claims stem from car accidents. According to the National Highway Traffic Safety Administration (NHTSA), there were 1,593,390 injury-related motor vehicle accidents in 2020. That year in New Jersey, the state police reported 587 fatalities.

Motor vehicle accidents can involve cars, motorcycles, trucks, pedestrians, and bicycles. The injuries can range from minor cuts and bruises to serious conditions like traumatic brain injuries or spinal cord damage, with some injuries resulting in death.

Motor vehicle accidents can occur due to various reasons, such as driver negligence, distracted driving, speeding, drunk driving, or vehicle malfunctions. Individuals who suffer injuries may file a personal injury claim seeking compensation for medical expenses, lost wages, and pain and suffering.

Read More: How Much Is a Car Accident Settlement Worth With Multiple Injuries?

Personal injury law is quite broad and encompasses various other types of claims. Other common personal injury claims include workplace injuries, dog bites, product liability, and slip and fall accidents.

In a personal injury lawsuit, damages are the monetary compensation awarded to an injured party who has been harmed due to another party’s negligence or intentional act. While there are several specific types of damages, they broadly fall into three categories:

Economic Damages

These damages compensate for quantifiable financial losses that result directly from the injury. These include but are not limited to:

• Medical expenses
• Rehabilitation costs
• Lost income
• Loss of earning capacity
• Out-of-pocket expenses

Non-Economic Damages

Also known as general damages, these compensate for non-monetary losses that are harder to quantify but nonetheless significant.

These include:

• Pain & suffering
• Emotional distress
• Loss of enjoyment of life
• Loss of companionship or consortium
• Disfigurement or physical impairment

Punitive Damages

Unlike economic and non-economic damages, punitive damages are not intended to compensate the plaintiff for their losses. Instead, they are designed to punish the defendant for particularly egregious or malicious behavior and to deter others from engaging in similar conduct. Not all cases qualify for punitive damages, and they are very rarely awarded. This is partially because it falls upon the plaintiff to prove that the defendant’s actions were willful, wanton, or malicious.

The statute of limitations refers to the period within which a lawsuit must be filed. According to New Jersey Statutes § 2A:14-2, the statute of limitations for personal injury cases is generally two years. This means that if you’ve been injured in an accident due to someone else’s negligence, you have two years from the date of the injury to file a lawsuit against the party at fault.

It’s crucial to adhere to this timeframe because if you attempt to file your case after the two-year limit, the New Jersey courts will likely refuse to hear it, and you’ll lose your right to compensation. There can be exceptions or modifications to this rule based on specific circumstances, such as if the injured party is a minor or if the injury was not discovered right away.

However, understanding the specifics of these exceptions can be complex, and it’s wise to consult with a Hoboken personal injury attorney to ensure your rights are fully protected. Remember, even if your claim is valid, you may forfeit your right to seek compensation if it is not filed within the legally prescribed time.

Read More: What Can I Do If I Think I Missed the Statute of Limitations?

Yes, in Hoboken and throughout the rest of New Jersey, you can sue for pain and suffering in a personal injury case. Pain and suffering is a term that encompasses not only physical pain but also emotional and psychological distress caused by an injury. This might include anxiety, depression, loss of enjoyment of life, or other significant changes to your mental well-being.

Read More: When Can You Sue for Pain and Suffering?

Pain and suffering damages are non-economic damages, as they do not represent a direct financial loss. They are, therefore, more subjective than economic damages such as medical bills or lost wages. Quantifying pain and suffering can be challenging, as there’s no set formula to calculate these types of damages. Typically, factors such as the severity of the injury, the level of pain, the recovery time, and the impact of the injury on your life are considered. Documentation such as medical records, psychiatric evaluations, and personal journals documenting daily pain levels or emotional distress can support your claim.

In New Jersey, there’s generally no cap on the amount that can be awarded for pain and suffering, except in cases against public entities. The specific facts of your case, and often the sympathies of the court, can significantly impact the amount awarded. Consult with a knowledgeable Hoboken personal injury lawyer to guide you through this process and to help you make a strong case for these damages.

In New Jersey, slip and fall cases often fall under premises liability. This area of law holds property owners and occupiers responsible for accidents and injuries that occur on their property.

Property owners in New Jersey have a duty to maintain their premises in a reasonably safe condition and to warn visitors of any known hazards. This applies to both public and private property owners, including businesses, homeowners, landlords, and municipal entities.

If a person slips, trips, or falls and is injured due to a hazardous condition on someone else’s property, they may have a valid claim if they can prove that the property owner or manager knew or should have known about the dangerous condition and failed to take reasonable steps to remedy the situation or to warn visitors.

However, per N.J. Statutes § 2A:15-5.1, New Jersey follows a comparative negligence rule in personal injury cases, including slip and falls. This means that if the injured person is found to be partially at fault for the accident (for example, they were distracted or ignored a hazard), any damages awarded to them will be reduced in proportion to their degree of fault.

As always, it’s advisable to consult with a skilled Hoboken personal injury attorney to understand your rights and navigate the legal process effectively.

In Hoboken, New Jersey, like the rest of the state, an employee who suffers a work-related injury or illness should notify their employer as soon as possible. Per Workers’ Compensation Law 34:15-17, this should be done within 14 days of the injury or after a doctor has diagnosed a work-related illness. However, there are some exceptions to this rule, including:

• The employer knew or should have known about the injury or illness
• There was sufficient reason for not notifying the employer within that amount of time
• The employee was unaware of the time limit

In some cases, the law allows the expansion of the reporting window to 90 days. Any workers’ compensation claim will likely be denied if the injury or illness isn’t reported within the 90 days.

Read More: What Are the Requirements to Recover Workers’ Compensation Benefits?

It is always advisable to report any injury or illness sooner rather than later. Reporting promptly helps ensure the details of the incident are fresh and accurately recorded. It also initiates the workers’ compensation claims process, which can be critical in receiving medical treatment and wage replacement benefits promptly.

Once the employer is notified, they should inform their workers’ compensation insurance carrier and the claim process commences. It’s worth noting that employees have up to two years to formally file a claim with the New Jersey Division of Workers’ Compensation, but this does not negate the importance of early reporting to the employer.

Read More: Do All Workers’ Comp Cases End in a Settlement?

If you have concerns or encounter issues while reporting a workplace injury or filing a claim, consult your Hoboken personal injury attorney. They will be well-versed in workers’ compensation law and can ensure your rights are protected.