Personal Injury FAQ
Personal injury and general injury in NJ
Clients frequently ask our lawyers at Shamy & Shamy, L.L.C. questions about personal injury in NJ. Here are some common questions we address:
- What does standard of care mean in a medical malpractice case?
- Why are medical malpractice cases more difficult to represent than other types of personal injury cases?
- If involved in a car accident, should you see a doctor?
- Who is at fault in a car accident?
- Who pays for damages in a slip and fall case?
- What is the NJ statute of limitations for products liability?
- Are wrongful death damages figured differently when a child or elderly person dies?
The medical profession has a standard of care that is expected of medical professionals when treating patients. The standard of care is based on whether treatment received is what a reasonable medical professional would do in a similar situation. If treatment meets the accepted standard of care, then the practitioner is not liable for medical malpractice.
Why are medical malpractice cases more difficult to represent than other types of personal injury cases?
Insurance companies are more likely to fight than settle a medical malpractice case, which adds extensive casework and considerable expense to preparing the case. Proving medical malpractice requires understanding the technical aspect of medical matters and obtaining medical testimony from experts. The law firm representing a medical malpractice client must absorb the costs of preparing the case.
An injury lawyer has to weigh the likelihood of recovery against legal expenses. Only serious injuries causing long-term disability or severe consequences have recoverable damage amounts that are high enough to cover the costs of representation.
If you suspect you are injured at all, you should see a doctor. Whiplash and back injury may not show up until the next day or so. Often people do not realize the extent of their injury at the time of the accident. Seeing a doctor from the outset also documents that the accident caused your injury, which is necessary to pursue a claim.
Knowing how a car accident occurred is necessary to determine who is at fault. Physical evidence, such as skid marks, position of the vehicles in relation to each other, and points of impact can be helpful. Because traffic laws define the rules of the road, parties violating traffic laws are often held responsible for causing an accident. If defective auto parts caused a vehicle to be unsafe or malfunction, then the manufacturer could be liable. If unsafe roads created dangerous driving conditions, resulting in an accident, then the government could be sued for damages.
Generally, businesses are covered by their liability insurance and a residence owner by homeowner’s insurance.
The statute of limitations (time limit) for filing products liability in NJ is two years from the date of the injury or two years from when the injury was discovered or reasonably should have been discovered.
Generally, loss of financial support is a major aspect of wrongful death damages. When a child or elderly person dies, financial support and loss of training, education, and parental guidance are usually not recoverable damages. However other damages such as loss of companionship, medical costs, and burial expenses may be sought.
Get effective legal help for your personal injury lawsuit in NJ. Please call us for a free initial consultation: (866) 603-4710. We represent clients in personal injury cases based on contingency - no fees unless we recover damages. Se habla español.