Why File a Personal Injury Lawsuit?

Why File a Personal Injury Lawsuit?

When you’ve been involved in an accident and are dealing with injuries, property damage, and other complications, it’s understandable to want to avoid further stress. Hiring a personal injury lawyer and filing a personal injury claim can seem like an added worry you don’t need.

Unfortunately, trying to avoid these complications can actually add to what you already have to worry about. Without filing a claim or personal injury lawsuit, you don’t have a chance to get compensation that could cover your medical bills and other expenses.

So why file a personal injury lawsuit? Learn more about what this process can offer after being in an accident.

What Is a Personal Injury Lawsuit?

A personal injury claim or lawsuit is a dispute that begins when a party suffers an injury that another party is responsible for. You start a claim by reaching out to a personal injury lawyer who will represent you in this civil proceeding.

Most personal injury cases revolve around the idea of negligence. If someone did something and that action led directly to your injury, they can be considered negligent.

However, there are some requirements you have to meet to prove this. The first thing to do is show that the person owed you a duty of care. Essentially, this means demonstrating that they had a responsibility to do everything within reason to keep you safe.

The next step to prove is that they breached that duty of care. A car accident example can make this easier to understand. Anyone behind the wheel of a vehicle has a responsibility to everyone on the road to follow traffic laws and drive safely.

Suppose that they engaged in any behavior that made them more dangerous, like speeding or driving under the influence. That action represents a breach of their duty of care.

Once the breach is established, you then have to demonstrate that their negligence led to your injuries. If the driver lost control of the car and hit you, resulting in broken bones, that meets the requirement.

The last thing you have to prove is that you have suffered losses. You can’t claim compensation if you only sustained a bruise that you didn’t get medical treatment for. However, if you can meet this and all the other requirements, it’s likely you can file a personal injury claim.

Personal injury claims can also revolve around strict liability. Strict liability in New Jersey applies to product malfunctions, medical malpractice, and dog bites. In these cases, you must show that the product, animal, or medical professional caused you harm instead of proving that the other party behaved negligently.

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Why Should I File a Personal Injury Lawsuit?

If you suffered injuries and property damage, it’s essential that you file a claim for a number of reasons.

Filing a claim can help you get compensation. Otherwise, you’d be left with having to pay for everything yourself.

Personal injury claim compensation strives to return you, as much as possible, to your circumstances before the accident. You can get reimbursement for medical expenses, property damage, and even out-of-pocket expenses. And if you’ve also lost wages due to your injury, you can seek compensation for those losses, too.

You’ve probably also suffered psychological and physical distress as a result of the accident. That can mean getting compensation for pain and suffering.

Even though a personal injury claim or a lawsuit is a civil rather than a criminal matter, it can still give you a sense of justice to see the person face consequences for causing the accident. This can be especially rewarding if you suffer significant injuries.

Something else that filing a lawsuit does is provide some answers to why the accident happened in the first place. That can go a long way toward helping you in your emotional healing process.

Once you file a claim or lawsuit, your attorney and the other party’s insurers will begin to investigate to get evidence that proves who was at fault. This evidence can paint a picture of everything that led to the accident.

What if the Accident Seemed Minor?

It can be tough to convince yourself to start a process to get compensation if the accident seems minor. But even those can leave serious injuries that you may not know about until days or even weeks later.

For instance, you might discover that what you thought was a bit of harmless bruising turned out to be internal bleeding. This can require extensive medical treatment.

Even a minor accident can leave you with trauma and distress that you wouldn’t otherwise have had. That’s why it’s only fair that you file a claim to get compensation for pain and suffering damages.

Do I Need a Personal Injury Lawyer to File a Claim?

Although having a personal injury lawyer is not a requirement to file a claim or lawsuit, having one by your side is still essential. The process may appear simple, but it’s not.

For one thing, your lawyer can give you an assessment of your claim. They’re an objective party that will offer an idea of your chances of winning compensation. This can end up saving you a lot of time if you don’t have a valid claim.

For another, a personal injury lawyer will know how to gather the appropriate evidence to prove your claim. They will know what’s superfluous and what actually helps your case. With a personal injury lawyer by your side, you also have access to expert witness testimony that can offer vital help.

With a personal injury lawyer, you also get someone who has experience negotiating with insurance companies. This isn’t simple. Insurance companies want to pay you as little as possible, and they’ll try to do this in any way they can.

Many of them resort to intimidation tactics, trying to scare you into walking away from your claim. Others will attempt to offer a low settlement in the hopes that you will be so tired of the whole process and you’ll give in.

None of that happens with a lawyer. They will be able to tenaciously negotiate with insurers to secure your rights.

In some instances, negotiations can stall, or the settlement the other party offers is too low to fairly cover your losses. When this happens, a personal injury lawyer can file a lawsuit on your behalf and take the case to court.

Another crucial thing to remember is that a personal injury lawyer will ensure that you meet all of the necessary deadlines. Personal injury claims have statutes of limitations you have to be conscious of.

In New Jersey, some claims can have two years in which to file, but there are all manner of exceptions that shorten the time you have. By turning to a lawyer right after the accident occurs, you know you’ll be in good hands and can file on time.

Choosing an Experienced Lawyer, You Can Depend On

Only some lawyers will be the right ones for your claim. Finding one who works for your needs means taking some time to consider the options you have before making a choice.

Above all, look for a personal injury lawyer who has experience in representing your types of claims. If they represent truck accidents, they likely handle motorcycle ones as well. However, will they be the best choice for dog bite claims? It’s up to you to find out.

You also want to see whether they’ve been successful at winning appropriate settlements for their clients. Just seeing that a lawyer has represented many clients doesn’t tell you much. Often, lawyers under-settle claims to hike up their numbers. Instead, look for a lawyer who consistently gets good settlements.

Read reviews and testimonials. Hearing the experiences that other clients have had is important because it gives you an idea of what to expect. If you notice that there are a few complaints that mention a negative pattern of behavior, it’s best to choose another lawyer.

Why Garces, Grabler & LeBrocq Can Be the Right Choice

After suffering injuries as a result of an accident that wasn’t your fault, it’s important that you reach out to reliable personal injury lawyers. When you turn to the team at Garces, Grabler & LeBrocq, you’re getting assistance from a team with over 30 years of experience.

We are dedicated to offering compassionate services that focus on your well-being. We’re client-centered and are always ready to answer questions and address concerns. We treat each client like a member of our family.

Get started today by calling Garces, Grabler & LeBrocq at 1-800-923-3456.

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