Settling a personal injury claim

by | Mar 29, 2013 | Personal Injury Lawyer


Latest Articles



Personal injuries suffered as a result of negligence by someone or something is subject to compensation. If the injury was the result of a careless action or if someone fails to act when it is apparent that a dangerous situation prevails. Examples of these causes of personal injury would be being hit with a car, which is careless action. If someone neglects to clean the ice from his property and a person falls, that would be considered failure to act.

In either case, you will want to be fully compensated for your injuries and anguish, as well as tangible things like lost wages or permanent disability. To sue for compensation, you are well advised to hire a personal injury attorney in Elizabeth NJ.

To win a personal injury law suit, it must be proven that negligence was involved and that by avoiding the peril, the defendant breached his duty of care. Slipping and taking a fall is one thing, but just the act itself may not be caused by negligence. If the slip was to take place in the supermarket, and the cause was a wet floor, it can be argued that the management was negligent in their duty to provide a safe environment for the public.

Duty of care is what the average person would do to avoid creating a situation where injury is a possibility. If a construction worker was to throw construction debris from the roof of a building, there is a distinct possibility of serious injury or death occurring as a result of a negligent action. The person who was responsible for throwing the debris over the side has breached his duty to care, and is liable.

In all cases of personal injury which was caused by negligence, there are a series of orchestrated steps that should be taken.
1. Know precisely whether or not your injury meets the test of negligence. For this you should have a personal injury attorney in Elizabeth NJ advising you. Examples of circumstances that are eligible are motor vehicle accidents, an injury caused by an unsafe condition, an injury caused by a dog bite and injuries on the job where negligence can be shown as the cause.

Visit a doctor as soon as possible after the incident no matter the severity of your injuries. An injury which at first glance appears minor may turn out to be far more serious over time.

3. Notify the proper people, these include the police in the case of an automobile incident or your boss if the accident happened at work.

4. Make a complete list of the specifics of the incident; time, place, the resulting injuries, the amount of lost income, witnesses etc.

Calculate all your expenses. Your personal injury attorney in Elizabeth NJ can help you quantify the amount that should be claimed, including pain and suffering.

6. Make sure your claim is logged with the court in a timely fashion; your attorney will do this.

Once these technicalities have been taken care of, the steps now are for the personal injury attorney in Elizabeth NJ to settle, either in or out of court.