If the negligence of another person or entity caused you harm, you know how frustrating the experience can be. Car accidents are probably the most recognizable source of unexpected injuries—even fatalities—but other sources exist, including slips and falls, product defects, medical malpractice, and more. No matter what you have experienced, you should not have to suffer in silence. It’s important to fight for the compensation you need to cover your lost wages, medical expenses, pain and suffering, and other financial, physical, and emotional losses. 

If you or a loved one has been injured because of someone else’s actions, inactions, or negligence in or around Denville, New Jersey, contact The Law Offices of G. Martin Meyers, P.C. to pursue your options. The firm’s attorneys have a combined 100 years of experience in personal injury claims and lawsuits, and will work one-on-one with you to exercise your legal rights. Ultimately, you deserve the chance to hold the reckless parties accountable for their actions. 

Personal Injury Claims in New Jersey 

If you’re a victim of a personal injury—specifically, a car accident—your ability to file a personal injury lawsuit against the responsible party (the other driver) may be limited depending on the insurance policy you purchased. A basic policy has restricted authority to sue. A standard policy, on the other hand, gives you the choice of “limited” or “unlimited” power to sue.

If you have a basic policy, or a limited standard policy, you can only sue the at-fault driver if one of the following conditions exist: 

• loss of a body part 
• significant disfigurement 
• significant scarring 
• a displaced fracture 
• loss of a fetus 
• permanent injury (meaning the affected body part has not healed to allow normal function, and is not expected to), or 
• death 

If you have a standard unlimited policy, then you are not restrained in pursuing a personal injury lawsuit. Another important point to remember is that the Personal Injury Protection (PIP) feature of either your basic or standard policy covers only actual economic expenses, such as the cost of medical care and treatment and any loss of income from missing work. It does not cover pain and suffering and loss of consortium (companionship). Generally speaking, only a lawsuit can result in compensation for non-economic losses. 

Filing a Personal Injury Claim 

In New Jersey, if you’re injured in an auto accident, your first recourse is to file a claim with your own auto insurer, and in some cases, it may end there. On the other hand, if you slip and fall in a public establishment, then you can file a claim against the liability insurance policy of the owner/operator under what is called premises liability. Your claim can also lead to a lawsuit. 

If you’ve been injured because of a product defect, your legal action can be focused on the designer, the manufacturer, or the supplier, or a combination. Perhaps the product was poorly designed, then the designer can be held liable. If there was a defect in manufacturing, then the manufacturer can be on the hook. If operating instructions or safety precautions were lacking or inadequate, then the supplier might be liable. 

Prevailing in a Personal Injury Lawsuit 

A personal injury lawsuit is usually based upon negligence: someone or some entity did something or failed to do something that led to the injuries you suffered. In a driving situation, operators of vehicles have a duty of care to avoid harming others.   

Owners of commercial buildings also have a duty of care to provide a safe environment for customers and visitors. If that duty of care is breached and results in harm to others, then a lawsuit can be initiated to recover for the injuries and damages resulting. A health care provider also has a duty of care toward others. If you are the victim of assault, you also can seek legal action. No matter what kind of personal injury you’ve suffered, it’s important to reach out to a skilled attorney for help navigating the legal process.  

Recoverable Damages 

In a personal injury lawsuit, you may be able to recover the costs of your medical treatment and lost wages, which are called economic damages—but in addition, you may be able to recover for non-economic damages that include your pain and suffering and loss of consortium. Lost income can also encompass future earnings and support for your family not only in terms of money but also in terms of providing assistance and support.