Serious injuries occur every day throughout New Jersey. In some states, you are unable to file a personal injury claim for compensation to recover losses unless the injuries you sustain cross the ‘serious injury threshold.’ This means you must have sustained one or more of the serious injuries outlined in the law to be able to file a claim against the at-fault driver.
New Jersey follows the ‘serious injury threshold’ However, determining if the threshold applies will partly be based on the type of car insurance you or the other driver carries. Having an experienced Camden, NJ personal injury lawyer like Spear Greenfield and the personal injury law firm at Spear Greenfield will help you considerably in making the most of your personal injury claim.
Schedule a free consultation to discuss your case and get the legal counsel you deserve.
Injuries that May Be Considered Serious in Camden NJ
If you or a family member has been in an accident and suffered severe injuries, you may be eligible for compensation for non-economic damages. Your injury is considered serious, in legal terms, in New Jersey, if it results in any of the following:
- Loss of a limb
- Displaced fracture
- Serious disfigurement or scarring
- Loss of a fetus
- Permanent injury (you are required to obtain from your doctor a Certification of Permanent Injury)
What to Do After Suffering a Camden NJ Serious Injury
The events that occur following a personal injury can feel overwhelming. You may be rushed to the nearest hospital and be questioned by the police, all while you process everything that just happened.
The following steps outline what you should do following a personal injury:
Seek Medical Help
It is very important that the first thing you do is seek medical attention immediately after an accident. Even if you feel you have sustained no injuries, it is possible that you have internal injuries that you cannot see or feel, such as a traumatic head injury or internal bleeding.
Consult with a Serious Injury Attorney
Determining if you have a personal injury case is not always easy. If your injury was due to another person’s intentional harm or negligence, they may be liable for your damages. A serious injury attorney in Camden NJ at Spear Greenfield offers free consultations, so there is no risk to you to discuss what your legal options are.
Gather Important Documents
If your personal injury attorney has determined that you have a case, you will begin collecting important documents to build a strong case. This information will be used to determine the following:
- Duty of care
- Breach of that duty of care
- Actual damages
Documents such as police reports, medical records, expert witness reports, and witness statements will be used to determine the responsibility of the other party.
Camden Serious Injury Lawyer Near Me (215) 985-2424
Ways to Demand Justice After a Serious Injury in Camden NJ
New Jersey is a no-fault state which means if you are injured in an accident, your own insurance policy must pay for your medical expenses in addition to any other losses related to the accident, no matter who is responsible for the accident.
If you have been severely injured in an accident, you have the option to file a claim against the negligent party depending on the type of insurance you carry. If you have basic coverage, you may have very few options in filing a claim against the other party.
It is important to keep in mind that insurance does not cover all losses, and you have the right to file a civil lawsuit in order to be fully compensated if your injuries exceed the “Serious Injury Threshold,” which includes the following serious injuries:
- Disfigurement or scarring
- Fractures or broken bones
- Lots of an unborn child
- Permanent disability
It is possible, in certain situations, that you may be able to negotiate and settle on fair compensation with the liable party outside of court.
Common Accidents Causing Serious Injuries
Serious injuries often lead to long-term effects and an extended recovery time. These types of injuries can occur from many different types of accidents. Some of the more common accidents include:
- Head-on collisions
- Pedestrian accidents
- Work-related accidents
- Bicycle accidents
- Tractor-trailer crashes
- Car accidents
Your Camden NJ serious injury attorney can help determine if your injuries qualify as serious injuries.
Compensatory Damages You Are Entitled to
Compensatory damages are the monetary compensation that an injured party can receive to cover the costs incurred from an injury or loss. Compensatory damages include both special and general damages:
Special Damages (Economic)
These are actual expenses you can receive financial compensation for. These expenses include:
- Medical bills
- Property damage
- Lost wages
- Out-of-pocket expenses
General Damages (Non-Economic)
Non-economic damages are more difficult to put a monetary value on. These damages include:
- Mental distress and anguish
- Physical pain
- Depression and PTSD
- Loss of consortium
- Loss of enjoyment of life
When Punitive Damages May Be Awarded
The purpose of punitive damages is to punish the defendant in an attempt to prevent the act from happening again in the future. Punitive damages are far less common and require the defendant to be considered highly negligent. The following scenarios could have punitive damages awarded:
- Medical malpractice, where the correct procedure was not performed, even when it was an ordinary practice
- Product liability where there was no due diligence on product testing
- Distracted or drunk driving that caused severe injuries or death
Contact a Serious Injury Lawyer in Camden, NJ Today
If you have been seriously injured in an accident, we strongly advise that you contact our law firm to speak with an attorney who cares about your situation and wants to get you the compensation you deserve. It can be difficult to determine if you have a personal injury case and what options you may have without consulting with an experienced attorney. In addition, insurance companies may make your case more difficult by trying to devalue or deny your claim.
At Spear Greenfield, we believe victims have the right to the ultimate in client care, empathy for what they are going through, and receiving exceptional results. Contact a Camden NJ serious injury lawyer today for a 100% free consultation by phone or through our convenient contact form.