Types of Personal Injury Cases
Types of Personal Injury Cases
Have you been in an accident that wasn’t your fault and suffered injuries as a result? If so, it’s possible that you have a personal injury case on your hands.
There are a lot of types of personal injury claims. Some, however, are more common than others. At Garces, Grabler & LeBrocq, our personal injury lawyers are ready to offer help to those who have suffered because of someone else’s actions. Learn more about the different types of personal injury cases.
Vehicular Accidents: Some of the Most Common Types of Personal Injury Cases
Each year in New Jersey, there are approximately 221,000 traffic crashes. Many of these are the result of negligence on the part of a driver. These accidents tend to involve cars, trucks, and motorcycles.
New Jersey is a no-fault state when it comes to traffic accidents. This means that you have a chance to get some compensation, even if you were partly responsible for the accident. Everyone involved files for compensation from their own insurance company.
In New Jersey, every vehicle has to have a certain minimum insurance coverage before being allowed on the roads. You need three different types of no-fault insurance.
The first one is personal injury protection (PIP) insurance, which pays for your medical expenses after a car accident, as well as the medical expenses of your passengers. It doesn’t matter whether you were to blame for the accident or not.
You also have to have liability insurance, which pays for damages that others suffer because of an accident you cause. You need to have property damage liability insurance for at least $5,000. For an additional cost, you can also get bodily injury liability insurance.
The other type of required insurance you need in New Jersey is uninsured motorist coverage. This insurance protects you if you’re in an accident with a driver who doesn’t have insurance or is underinsured.
With a basic insurance policy, you have all of the required insurance you need. But with a standard policy, you can choose between a limited or unlimited right to sue, which is crucial.
If you opt for a limited right to sue, you can pursue legal action against the driver who caused the accident outside of New Jersey’s no-fault laws and PIP coverage. This option is only available if you suffer a significant injury.
If you choose an unlimited right to sue with your standard policy, you can sue without having to meet an injury threshold. You can also recover pain and suffering damages, which aren’t always available, with a limited right to sue. The catch is that you have to prove the other party was at fault.
CAR ACCIDENTS
Car accidents can occur for a variety of reasons. One of the most common in New Jersey and throughout the rest of the country is distracted driving, which causes as many as 3,308 deaths each year.
Distracted driving refers to driving while not being fully focused on the task, which puts others on the road at risk. Texting, eating, or even fiddling with the GPS can all make you take your eyes off the road for long enough to cause a serious accident.
Another cause of car accidents is speeding. Speeding doesn’t just mean going above the speed limit. It also means driving too fast for the road conditions. For example, if it’s raining heavily, driving at the posted speed limit is likely too fast for safe driving.
Intoxicated driving is another common cause of car accidents. Even though the legal blood alcohol concentration limit is 0.08%, having just one drink is enough to make you an unsafe driver.
TRUCK ACCIDENTS
Truck accidents can be serious, with the sheer size of the vehicle making severe injuries and fatalities more likely. Large trucks are involved in approximately 9.3% of all New Jersey traffic fatalities.
A very common cause of truck accidents is driver fatigue. Truck drivers spend a significant number of hours on the road. While the law limits how long they can be actively driving, exhaustion can still set in. Many times, less scrupulous companies can even find loopholes to extend driving hours.
A driver who is tired or sleepy isn’t alert behind the wheel, which means they’ll not react in time to hazards on the road. They might even fall asleep and lose control of the vehicle completely.
Another cause of truck accidents is improper training and experience. Companies that don’t take the time to hire the right people and train them correctly can put unsafe drivers behind the wheel of these powerful vehicles. In those instances, the driver, as well as the company that hired them, could be at fault.
Distracted driving affects truck drivers, too. After hours on the road, it can be tough to maintain focus on driving, which can result in attention that wanders.
Another potential cause of truck accidents is malfunctioning parts. If any truck part wasn’t manufactured correctly or if the truck itself wasn’t assembled correctly, it can lead to all manner of issues while on the road.
MOTORCYCLE ACCIDENTS
Motorcycle accidents are also common in New Jersey. Cars tend to dominate the road, their drivers protected by metal and airbags. That’s not the case with motorcycles.
Motorcycle riders are exposed to much more danger, with only a helmet protecting them. That’s why severe injuries and fatalities are more likely to occur if a motorcycle gets into an accident.
Often, people assume that motorcycle riders are the ones to blame for the accidents they’re in, but that’s rarely the case. Instead, the causes can include cars not seeing them and even road condition issues.
If the pavement is uneven, for example, a motorcyclist will be much more likely to lose control of the bike, potentially leading to catastrophic injuries.
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Dog Bites: Putting Strict Liability Laws Into Action
A dog bite can be a physically and psychologically traumatic experience that leaves you with serious injuries and hefty medical bills. And being bitten by a dog isn’t rare — up to 4.5 million people in the United States experience it every year.
New Jersey holds the owners of dogs that bite responsible, even if the animal has never shown signs of aggression before. This strict liability law means that you don’t have to prove that the owner acted negligently or did anything wrong.
All you have to show is that:
- The dog bit you
- You didn’t provoke the animal
- The attack happened where you were legally allowed to be
Keep in mind, too, that if you trespass and get bitten, you’re probably not able to sue. This excludes service people or mail carriers, who are allowed to be on the property even if the owner didn’t specifically invite them. If you were in the process of committing a crime when you were bitten, you are also barred from suing.
It can sometimes be difficult to establish who the owner of the dog is. That is why it’s so important to have a personal injury lawyer by your side.
Workplace Accidents: Your Worker’s Compensation Rights and More
Most people assume that only those who work in physically demanding jobs, like construction, can suffer work injuries. While it’s true that construction workers are much more likely to be hurt while at work, any workplace poses risks. Even offices can lead to injuries such as carpal tunnel syndrome, repetitive stress injuries, and slip and fall accidents.
Whether you can file a personal injury claim after a workplace injury depends on a few factors. Most employers offer worker’s compensation, which means that you can’t sue them if the accident was the result of negligence. This can work in your favor since you get worker’s compensation benefits.
However, if a third party causes the accident, you are able to sue them for compensation. Remember that even if you’re eligible for worker’s compensation, the company that provides this coverage can try to keep you from receiving it.
It’s common to have worker’s compensation claims denied. And if that happens to you, you need a lawyer by your side.
Product Defects: Protecting Consumers
Every time you make a purchase, you have the right to assume that it won’t cause you harm if you use it as directed. That’s not always the case, however. If any product you use causes you harm, you can file a personal injury claim to get compensation.
With product defect claims, you don’t have to prove negligence. You do have to prove that the product was defective in some way and that it caused you injuries that can be compensated.
In New Jersey, there are a few main types of defects. The first type is design defects. These are issues present from the moment the product is thought up. Design defects mean that the product will always be dangerous, no matter how a consumer uses it.
A manufacturing defect is different — this means that the way the product was designed was correct, but there were issues with the process of putting it together.
The third type of product defect is a labeling defect, also called failure to warn. This happens when there aren’t enough warnings on the label. Although the product itself is safe to use as instructed, those instructions may be missing or incomplete.
You shouldn’t be afraid to use the products you purchase, but sometimes, that fear is warranted. Many products, like medications or household items, can cause serious injuries that leave you with medical bills and more. If that’s happened to you, turn to the team at GGL.
How Garces, Grabler & LeBrocq Can Help
Have you been struggling with injuries, property damage, and other losses after being in an accident you didn’t cause? If so, the best thing you can do is reach out to us at Garces, Grabler & LeBrocq.
At GGL, we’re all about our clients. We fight for your rights aggressively, wielding New Jersey laws to help you get the compensation you deserve.
We have over 30 years of experience in personal injury law, and that’s all we focus on. Thus, you don’t have to worry about lawyers so busy with a variety of cases that they can’t bring the full attention to yours that it deserves.
Because we understand the financial hardship that an injury can leave you with, we work on a contingency fee basis. We only get paid when you do. And because we know how tough it can be to wait for answers to your claim, we’ll always keep you updated. You’ll never have to play phone tag with us.
Don’t struggle through this difficult time on your own. Turn to personal injury lawyers like the team at Garces, Grabler & LeBrocq by calling 1-800-923-3456.
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Recent GGL Wins
Medical Malpractice
A 30-year-old pregnant woman went into labor. The doctor failed to take proper steps in the baby’s delivery, making the mother wait in the hallway for ten hours while the baby’s heart rate began to drop. The baby was delivered via C-Section; he was blue from lack of oxygen resulting in Cerebral Palsy.
$14 Million
Verdict
Construction Accident
Mediation award resulting from an industrial explosion causing disfiguring burns and severe orthopedic injuries.
$7.8 Million
Verdict
Auto Accident
31-year-old man who was cut off by another car causing his car to flip over. He sustained head injuries, facial injuries, and half of his pinky finger was amputated.