Jordan B. Rickards is a well-known, experienced trial attorney in the Milltown and East Brunswick area ready to handle your personal injury matter. Some recent cases handled by Mr. Rickards include:
$100,000 settlement for a motor vehicle accident.
$150,000 arbitration award for a motor vehicle accident.
$72,500 settlement for a motor vehicle accident.
$50,000 settlement for a motorcycle accident.
$32,000 settlement for a slip and fall.
Injuries happen all the time. Even a minor car accident or slip and fall can result in major health consequences, such as agonizing pain, which require years of expensive treatment, medications and perhaps even operations. If you’ve been injured by the fault of another person, you may be entitled to monetary compensation for pain and suffering, and even medical expenses. But nobody is going to give you the money you deserve for your pain, suffering and expenses without an aggressive attorney by your side to guide you through the litigation process, and to make sure you receive every penny of compensation that you deserve. The insurance companies have their own attorneys. So should you.
Types of Personal Injury Cases – Car Accidents
The two most common types of personal injury cases are car accident and premises liability claims. In a car accident case, the first step an experienced attorney usually takes, after interviewing the client, is to acquire the police report so that it can be reviewed to determine who was at fault. Assuming that somebody else was to blame for your injuries (or, at least, mostly to blame), the next step is to figure out who specifically is liable. At the same time, the attorney should be securing your medical records to determine the extent of your injuries, as well as your prognosis. This is especially important because, more often than not, one has to show permanent injuries in order to satisfy the pleading requirements in New Jersey. Permanent injuries are defined as:
* Dismemberment (loss of a body part)
* Loss of a fetus
* Significant disfigurement or significant scarring.
* Displaced fracture
* Permanent injury, within a reasonable degree of medical probability
Car Accident Claim Action Steps
- Your Medical Report
Most injuries litigated in New Jersey courts fall within the permanent injury category. Your attorney must secure a report from a qualified medical provider certifying to the permanency of your injuries.
- Your Car Insurance – Limitation on Liabilities
Note that whether or not you need to demonstrate personal injuries depends on the terms of your own automobile insurance policy. If you selected the “limitation on liabilities” option, you have the benefit of reduced monthly payments, but you must then demonstrate permanent injuries if you are injured. That’s the trade-off. By contrast, if you have not selected this option, you have a much lower evidentiary threshold, but also higher monthly payments. If you do not remember what you selected, retrieve and examine your full auto insurance policy.
Also note that this issue is specific to automobile accident cases. A premises liability case, when one is suing a property owner for injuries sustained thereon as a result of negligence, does not require such a showing, though the more severe the injury the greater the recovery, as a general rule.
Types of Personal Injury Cases – Premises Liability Law
A great diversity of injuries may be encompassed by premises liability law. For instance, someone might make a claim after slipping and falling in their neighbor’s driveway. Perhaps a falling tree limb struck a passerby. Maybe a tenant fell on a poorly maintained stairwell at an apartment complex. Any of these people may be entitled to make a premises liability claim against the property owner.
Essentially, when you legally enters someone else’s property, you are entitled to a reasonable expectation of safety. This puts responsibility on the property owner to provide a safe environment. Thus, a customer entering a store can reasonably expect that it’s safe to do so. The store owner is required to ensure that the premises are safe by maintaining the property. When the property owner fails to take basic steps to ensure the safety of legal visitors, then he or she may be liable in a premises liability claim.
Can You Make a Premises Liability Claim?
Most of these cases are complex, and a number of factors influence whether or not a claim can be made. For instance, if the visitor was trespassing, the options for collecting may be extremely limited or nonexistent. The court may also look at the foreseeability of the accident and whether or not the steps the property owner took to address a dangerous condition were reasonable.
In many premises liability claims, the owner’s liability is limited through a comparative fault argument. Comparative fault basically means that both parties were at least partially to blame for the accident. Perhaps a warehouse owner should have acted more quickly to clean up a spill, but the accident victim is also to blame because he or she was running where it was not reasonably safe to do so. In cases where comparative fault is successfully argued, the injured party is typically found to be responsible for a certain percentage of the injuries. If an injured party is found to be 25 percent responsible for the accident, then any damages he or she might receive are reduced by 25 percent.
Get the Help You Need with Your Personal Injury Case
In short, personal injury claims may be common, but they are also highly complex. Contact the Law Office of Jordan Rickards at 732-297-8200 to determine whether or not you can make a claim.