In New Jersey, after someone is hurt or harmed, he or she may be eligible to recover costs (known as damages), pain and suffering and loss of enjoyment of life from the person responsible for the situation that led to those injuries.

What types of personal injuries can give rise to a lawsuit?

Personal injuries can arise out of many different circumstances.

Although this list is not exhaustive, here are some examples:

• – Motor Vehicle Accidents
• – Slip and Falls
• – Construction Accidents
• – Dog Bite/Animal Attack Injuries
• – Work Place Injuries
• – Bicycle Accidents
• – Bus Accidents
• – Traumatic Injuries
• – Motorcycle Accidents
• – Train Accidents
• – Hit and Run Injuries
• – Pedestrian Accidents
• – Premises Liability
• – Products Liability
• – Wrongful Death
• – Caregiver Negligence

At its essence, negligence is the failure to meet the appropriate standard of care or act as a reasonable person should under the circumstances. Calcagno & Associates has been focused on winning justice for good people, like you, who were injured because of someone else’s negligence or carelessness.

In order to bring a lawsuit in New Jersey for personal injuries caused by the negligence of another person, a claimant is required to prove:

1. That the person who caused the incident giving rise to the injuries owed the claimant a duty of care. This can be, for example, the driver of another vehicle in a motor vehicle accident, a property owner or occupier in a premises liability or slip and fall accident, or even a medical professional in a medical malpractice case.

2. That the duty of care was breached. This does not mean that the breach was necessarily intentional, just that it occurred.

3. That the breach of the duty of care resulted in the accident that led to the claimant’s injuries.

4. And, finally, that the total amount of contributory negligence on the part of the claimant is less than the amount of responsibility on the part of the other party or parties being sued.

Should I file a personal injury case or claim?

A huge issue with personal injury cases is people feeling wrong about bringing a claim for injuries they sustain as the result of the negligence of another person or entity. Recovery of money for the negligence of another is a well-settled right. Many times, in not pursuing your just compensation you are only helping insurance companies and hurting your family and yourself.

You may pursue a claim for personal injury without filing a suit or legal action. Many personal cases are settled without a lawsuit of legal action with the insurance company or defendant settling before any case is filed. Unfortunately, because many insurance companies are unreasonable, cases do wind up in a lawsuit or litigation in order to force them to pay. Some factors you should consider in whether to pursue a claim are:

• – Was someone else at fault in some way for the injuries you sustained?
• – Is your injury a permanent or temporary injury?
• – Have you received treatment or do you need to receive treatment for any injury you sustained?
• – Did you lose any time from work or school as a result of your injury?
• – Do you have any outstanding medical bills as a result of an injury you sustained?
• – Has your life been limited in any way as a result of the injury you sustained?

Every case is different and evaluating a claim is a dynamic and involved process. Much of the evaluation depends upon how injuries heal and if they heal properly. Clients typically want us to come up with a number to value their injuries. Because it depends a lot on how injuries heal, it is difficult to give a number at the beginning of a case. To be sure, the most important part of your personal injury case is figuring out how much your injuries resulting from an accident are worth. Bottom line is that if your quality of life is affected and you have suffered personal injury because of the fault of another, our New Jersey law recognizes that you are entitled to compensation or money for those injuries. Calcagno & Associates has been focused on winning justice for good people, like you, who were injured because of someone else’s negligence or carelessness.

*Results vary, depending on the facts and circumstances of each case. This record of success in the courtroom and at the negotiation table serves our clients in two important ways: (1) It compensates them for their pain and suffering; and (2) It helps them rebuild their lives.

Is there a statute of limitations for filing personal injury claims in New Jersey? Yes. A person has a limited amount of time to sue for personal injuries. The Statute of Limitations is a law that sets forth the time period by which a lawsuit must be filed. If a plaintiff (the person filing the suit) fails to file the lawsuit within the defined period of time, then the plaintiff will likely be barred from pursuing the case further.

New Jersey law has various statutes that govern how long you have to file a lawsuit. The time limits within which one must file a lawsuit can be found in various statutes, including, but not limited to, the New Jersey Statutes Annotated (N.J.S.A.) at N.J.S.A. 2A:14 and N.J.S.A. 2A:31 (wrongful death actions). Contact us today to inquire as to the time limit that you have to file a claim or lawsuit regarding your specific case or injury.

Can insurance companies use my social media posts against me? YES. It is very important to be careful when involved in personal injury lawsuits or any litigation about posting information on social networking sites, such as Facebook Twitter, etc.. You may be seriously injured and post some seemingly innocent information about having fun or doing well and then have it used against you by an insurance company or defense counsel in your personal injury case. Keep in mind that you may be seriously injured, but still the wrong choice of wording on a social networking site could be used in the wrong way against you.

There are several steps you should take immediately following a car accident:

1. Call an ambulance if anyone is injured.
2. If possible (and necessary), move your vehicle away from oncoming traffic to avoid any additional accidents.
3. Call the police to file an official police report, especially if any of the following are involved:
   
   
   • – Significant property damage.
   • – Serious bodily injury.
   • – Death.
   
   
4. Obtain information from the other party and any witnesses and collect any evidence.

1. Names.
   
   
   • – Contact information (addresses, telephone numbers, etc.).
   • – Insurance information.
   • – License plate numbers.
   
   
2. Each vehicle’s make, model, year, and color.
3. Each vehicle’s registration number.
4. Each driver’s license number.
5. Get statements from any willing witnesses.
   
   
   • – It’s also a good idea to document their names and contact information, too.
   
   
6. Take photos of:
   
   
   • – All vehicle damage.
   • – All physical injuries.
   • – Any evidence that shows road and/or weather conditions.
   
   

• – Significant property damage
• – Serious bodily injury
• – Death