NEW JERSEY personal injury lawyers
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New Jersey Personal Injury Lawyer
It’s crucial to speak with a NJ injury attorney if a negligent person or business has injured you. You might have a valid injury compensation claim, and time is of the essence.
Call Rosengard Law Group today at 856-284-6446 for a FREE NJ Injury Case Evaluation.
We will review your injury case and determine if you are eligible to seek compensation for your medical bills, lost income, pain and suffering, and mental anguish.
What To Do If You Have Been Injured
It will always be beneficial to gather evidence immediately after an accident happens. If you are able to, take pictures of the scene, the area around the accident, and noticeable physical injuries to your body. However, never place yourself at risk.
If you have fallen at a place of business, make sure that you take pictures of the scene if possible, and fill out an incident report with the management. Ask for information on where you can get medical care.
It is essential to get medical care after any type of accident. Even if you feel that your injuries may be minor, you should have a medical exam. Many injuries do not show symptoms right away and you should protect your health and your legal rights by having a medical exam.
Failing to get immediate medical care gives the insurance company an opportunity to say that you were not injured in the accident or that the injuries were not serious. Your medical records from the accident will also provide you with evidence about your personal injury case.
If you or your loved one has been seriously injured in an accident, speaking with a New Jersey personal injury lawyer will always be beneficial. An injury lawyer can navigate the claim process on your behalf, securing the maximum compensation for your injury and losses.
Common Personal Injury Cases Rosengard Law Group Handles
Rosengard Law Group handles a variety of different NJ injury cases. Most injury cases will fall under one of the following categories:
Car accidents account for a large portion of the personal injury cases that occur each year. For example, in 2018, the latest year of available data, New Jersey had over 61,000 car accidents that resulted in at least one person being injured.
Most accidents are a result of negligence. For example, a driver operates their vehicle in a manner that is not safe or directly violates a law, such as texting and driving or driving under the influence.
The injured party in a car accident has the right to seek compensation for their medical costs, loss of income, pain and suffering, and other financial losses if the other party was at fault for the accident.
Speak with a New Jersey car accident lawyer at Rosengard Law Group about your car accident claim. One of our knowledgeable attorneys will provide you with a FREE case evaluation and explain what rights you have to claim compensation.
Injuries sustained in a truck accident can be catastrophic for the passengers of the smaller vehicle. Sadly, the emotional and financial recovery from a truck accident can be as challenging as the physical recovery.
Truck accidents are very complex issues. Both state and federal laws regulate Semi-trucks, and there are usually several insurance companies involved in one accident. Therefore, if you have been injured in a truck accident, it will be necessary to work with an NJ truck accident lawyer when filing a compensation claim.
Rosengard Law Group knows the trucking industry and the laws that regulate this industry.
Proving fault is essential when seeking compensation for injuries suffered in a motorcycle accident. The NJ injury attorneys at Rosengard Law Group will use their experience to build a strong case for you.
When we manage your NJ car, truck, or motorcycle accident case we will:
- Review the police report and all associated documents concerning the accident
- Obtain witness statements and speak with the witnesses about the accident
- Gather photographic evidence from the scene of the accident, including the damage to the motorcycle
- Gather relevant information about road conditions, weather conditions, and traffic conditions at the time of the accident
- Obtain traffic light camera footage and any available surveillance footage that may have caught the accident on recording
- Hire accident reconstruction experts to get expert information on the cause of the crash
- Speak with medical care providers about your injuries and projected recovery
- Gather medical bills and other financial loss information to build your compensation personal injury claim
- Manage all interactions with the insurance company
- Prepare your case for trial
We do all the legwork, so you can focus on recovering from the injuries caused by the accident.
See Jersey City personal injury lawyer for more info.
Construction site accidents
Construction site accidents can result from negligent actions by employees, site owners, faulty equipment, defective machinery, or failure to comply with safety protocols.
Construction companies, property owners, architects, engineers, and even machinery manufacturers may be held liable for construction accidents.
Premises liability – Slip and Fall
Premises liability injuries happen when a person is injured on a property due to the owner’s negligence. The most common type of premises liability case is a slip and fall, followed by dog attacks.
Slip and falls can happen because of wet flooring, loose or broken tiles, uneven pavement, or cluttered walkways. Poorly kept stairways and poorly lit areas also can account for slip and fall accidents.
Rosengard Law Group will work diligently to gather the evidence necessary to show how the accident you had resulted from the property owner’s negligence.
Dog attacks can have a lasting effect on the person who was injured. In addition to the physical injury, there can be a lot of emotional trauma that occurs when attacked by an animal. This is especially true when a child is attacked.
When a dog attacks, you can suffer soft tissue damage, broken bones, facial infections, and have potential life-long scarring from the attack.
Medical malpractice happens when a medical care provider injures a patient who is in their care.
All medical professionals are held to a very high standard for providing medical care. When these standards are not met, or the care provided does not meet the medical community’s standards, that care provider can be held liable for malpractice.
Doctors, nurses, chiropractors, dentists, and pharmacists are all held to the same level of care standards that fall under malpractice laws.
If you have been injured while receiving medical care, the care providers that had direct contact with you may be held liable for their actions.
Nursing home abuse
Nursing homes are supposed to be a place for healing and receiving care when you cannot care for yourself. Sadly, many of these facilities are understaffed or have unqualified staff. This can lead to harm for the patients.
If you have a loved one who is currently in a nursing home, it is crucial that you closely monitor your loved one for any of the following signs of abuse:
- Signs of dehydration of malnutrition
- Random bruising and cuts
- Excessive falls
- Emotional abuse
- Communicable diseases
- Bed Sores
Birth injuries are a form of medical malpractice. However, these injuries are often classified in a separate category because of the significant impact these injuries have on the baby, the mother, or both.
Misuse of forceps or vacuum during delivery, failure to initiate a timely c-section, oxygen deprivation, and other mismanagement of labor and delivery can harm the infant and mother.
Medical conditions such as Cerebral Palsy, Erb’s Palsy, and Bells Palsy can occur in the infant.
Brain injury, broken collar bones, and other physical injuries can occur in a mismanaged birth. Internal bleeding and loss of fertility can also happen to the mother.
It is critical to have an infant evaluated immediately if you suspect any type of problem during labor and delivery.
If you or your infant was harmed during labor and delivery, you are encouraged to speak with a New Jersey personal injury attorney about your claim. You may be entitled to receive compensation for the long-term care required to help your child after receiving a birth injury.
Dangerous medications and medical devices
It is not unusual for a pharmaceutical company to push their products through the testing process to gain approval and get the products on the market.
This often leads to overlooked side effects or other complications from the medication or device.
Any company that produces a product that becomes available to the public for purchase or use is responsible for the injuries that their product may cause.
Defective product cases will fall under one of the following claims:
- Defective design
- Defective manufacturing process
- Inaccurate warning labels or instruction packet
If a defective product has hurt you, contact a personal injury lawyer in New Jersey to determine what rights you have to claim your losses.
Many events can lead to a burn injury. Faulty wiring, explosions, chemical burns, hot metal, boiling water, faulty fire alarms, or faulty or blocked fire escape areas are just a few ways that burn injuries can occur.
When burn injuries happen, the victim faces an extended and often painful recovery process.
Even after the care has been completed, burn victims can face many hardships like lasting pain and fragile skin.
Rosengard Law Group understands the complexities of burn injuries and how it impacts the victim’s life. We will work diligently to build a solid claim for compensation for your case.
Traumatic Brain Injuries (TBI)
Every brain injury is different. You may lose motor skills or the ability to control bodily functions. You may lose parts of your memory or be unable to form new memories. You may suffer from changes to your personality that you cannot control.
Rosengard Law Group understands that traumatic brain injury cases must be handled aggressively, so the client can receive the maximum compensation to cover their needs for long-term care.
Any injury that happens while performing your job duties is covered by your employer’s workers’ compensation insurance. With very few exceptions, employers are required to have these policies to protect their employees while they are at work.
Sadly, most workers’ compensation adjusters are not concerned about your injuries. Worker’s compensation adjusters are infamous for denying claims and the necessary medical care.
Workers’ compensation adjusters are also known for forcing employees back to work too soon after an injury has happened.
Protect yourself from the insurance companies by speaking with a NJ injury attorney as soon as you have been injured on the job. We will protect your rights to receive workers’ compensation.
Wrongful death is any death that happens due to an accident caused by the negligence of another person or business. The death does not have to happen instantly or at the accident scene for it to be considered a wrongful death case. To qualify as wrongful death, the death must be a direct result of the injuries received during the accident.
The easiest way to determine if a death would be considered wrongful is to ask if the person had survived the injuries, would they be able to file a personal injury lawsuit? If the answer is yes, it is a wrongful death case.
Wrongful death lawsuits are a way of helping the family overcome their financial losses due to the loss of their loved one, so they can focus on healing from their loss.
Different types of personal injury compensation
There are two types of compensation that you can be awarded when you have suffered a personal injury. Economic and non-economic damages. Each of these types of damages has several sub-categories that may be part of your compensation claim.
- Economic Damages: These damages are the main part of any compensation package. Economic damages include medical expenses, lost wages, future earnings, household services, and any other out-of-pocket expenses directly connected to the accident and injury.
- Non-Economic Damages: These damages will include issues such as pain and suffering, emotional distress, damage to your reputation, loss of enjoyment of life, and similar issues that you have mentally and emotionally endured as a result of your injuries.
Medical expenses that you have already incurred and will have in the future will be part of your compensation. This will include all the care you have already received as well as necessary care in the future.
Your NJ personal injury attorney will make sure that all future medical care costs are added to your settlement, because you deserve to continue to receive all the medical care you need for your injury in the future.
Past and future losses of income
If your injury prevents you from returning to work, your attorney at Rosengard Law Group will ensure that any past and future earnings are included in your compensation package. These losses will include:
- Past Loss Wages: any wages you have lost up until this point as a result of your accident will be included.
- Future Earnings: if you cannot return to work, your attorney will include your future earnings as part of your package.
- Future Earning Capacity: we will also adjust your future income to include future earning capacity. This means that the future earnings will be adjusted to accommodate the natural trajectory your work would have taken, such as raises and increases in benefits, had you stayed in that position until retirement. This amount will be included in the economic losses we’ll fight for.
Loss of services
If you have had to pay for someone to do tasks around your home that you are normally responsible for, these costs will be included in your compensation.
Pain and suffering
Pain and Suffering is a non-economic damage. This type of compensation will be unique to each case.
Our attorneys will need to show how much you have suffered physically as a result of your injuries.
We encourage all injury victims to keep a detailed journal of how the injury has impacted their life, so an accurate account of the pain and suffering can be shown.
Emotional duress is the emotional impact that the injuries have had on your life. This can be from the stress the injury has caused to the depression you have experienced since you have been unable to work. Keep track of everything you’re feeling in your journal.
Loss of consortium
Loss of consortium is the legal term for the loss of relations between a married couple. This type of compensation is only awarded to the spouse of a severely injured person. Our attorneys will show how the injury has affected how you interact physically, emotionally, and mentally with your spouse.
Punitive damages are a type of damage that is awarded by the Court as a punishment for the actions of the responsible party. This type of compensation is generally reserved for certain situations where the new jersey court finds the actions of the Defendant heinous or in complete disregard to the safety and well-being of others.
Proving Negligence In New Jersey Personal Injury Cases
Determining who is responsible for an accident is crucial to any personal injury case. The person that is usually held legally responsible for the accident is the one who acted negligently, which led to the event. Sometimes this can be easy to prove and other times, it can be complex.
Sometimes accidents are just that, an accident. Other times, such as an accident caused by someone driving under the influence, responsibility is easy to establish. Many accidents, however, require an investigation to determine fault.
Under New Jersey law, to prove negligence occurred, you must be able to show the following four elements occurred.
Legal duty is the legal term used to describe one person’s responsibility to another. Under New Jersey law, for instance, a person operating a vehicle has a legal duty to other drivers on the road to operate their vehicle safely and within the guidelines of the law.
Businesses have a legal duty to keep their premises safe for customers to use, including keeping their walkways safe and clear and ensuring properties are well-lit to prevent accidents and criminal activity.
Breach Of Duty
Next, it must be proven that the person or business acted in a manner that could lead to causing harm. An example would be someone operating a vehicle at high speeds or a business failing to remove ice from their walkways. You must also be able to show that another individual in the same situation would have acted differently.
The next thing that must be proven to establish negligence is that the breach of duty is the direct cause of the injuries. This is why it is essential to seek immediate medical care right after an accident occurs so that injuries can be officially documented by medical personnel and established that they are the result of an accident.
The final thing that you must prove is that the injuries you received have caused you damages. This could be the cost of medical care for current and future treatment of the injuries, lost wages and income, and pain and suffering.
Look Out For These Signs That The Insurance Company Is Trying To Low-Ball Your Settlement
The Insurance Adjuster Offers You A Settlement Right Away
The danger bells should be ringing if an insurance adjuster is trying to push you for an immediate settlement of your case. Insurance adjusters are trained to know when a case is going to have a large payout, and it is their job to try to reduce the costs for the insurance company.
If the insurance adjuster expects a large payout for your case, they will begin to push you to settle. They will make you an offer while you are still in the hospital, thinking that you will act impulsively and settle your claim.
Never settle your claim until you know the full extent of your losses. A NJ injury lawyer can help you with this! Call us today: 856-284-6446
An accurate and fair compensation claim requires documentation, research, and that the injury victim has reached their maximum medical improvement (MMI) so that an honest compensation package can be made.
The Insurance Adjuster Uses High-Pressure Tactics
The insurance adjuster may begin to use high-pressure tactics to get you to sign off on the claim just to make them “go away.” They will come to your hospital room, call you early in the morning, or repeatedly call you throughout the day for “updates.”
They may even request that your spouse or family is present when they talk to you so that they can get your family to help pressure you to settle.
The best way to manage this situation is to politely refer them to speak to your New Jersey injury attorney.
They Tell You There Is No Time To Get An Attorney Involved
If an insurance adjuster tells you this, your first reaction should be to call an injury attorney. New Jersey law gives you two years from the date of the accident to file a lawsuit for your losses. If they are telling you there is no time for an attorney, it is because they know it is a high-dollar claim.
They Ignore Evidence So They Can Undercut Your Claim
Ignoring evidence so the insurance company can diminish or deny your claim is a shady practice used by some adjusters. They try to place the blame or at least partial blame on the accident against the injured party to try to reduce the claim.
As an injury victim, you only have to prove that negligence occurred that caused your accident. You must show that the Defendant:
- Had a Duty of Care
- Breached that Duty of Care
- The Breach Caused Your Injuries
- Your Injuries Caused You Financial Harm
You have a case if you can show these four elements have occurred.
They Question The Validity Of Your Injuries
One of the tactics used by insurance companies to diminish or deny claims is to state that your injuries were not from the accident or are a result of a preexisting condition.
To avoid this type of tactic, you are encouraged to:
- Take pictures of your injuries when they occurred. Take pictures at the hospital as well. Take more pictures after you have received treatment to show the treatments.
- Make sure to have your doctor document in the records that the treatments for your injuries are for injuries received in an accident.
- Keep all medical records, including physical therapy and other records, to show your treatments and progress.
- Keep an injury journal that includes how the injuries are impacting your life and add pictures of your injuries as they are healing and time progresses.
They refuse To Explain How They Came Up With Their Settlement Offer
Your compensation will be based on many factors. Your compensation package should include the following:
- Cost of current and future medical care for the injuries
- Lost income and benefits
- Future earning capacity if applicable
- Long-term medical care if needed
- Cost of services
- Pain, Suffering, and mental duress
- Loss of companionship
Additional forms of compensation may be available to you. Your injury attorney in NJ will review the facts of your case and will apply all forms of compensation to your package.
If the insurance company can not show how they came up with their total, you can bet that they just pulled out a random figure hoping that you would accept the offer.
They Try To Blame You For The Accident
Comparative negligence laws state that if an injured party is 50 percent or more responsible for an accident, they cannot seek compensation. Additionally, if the injured party is found even partially responsible for the accident, the compensation package can be reduced by the same percentage that they are found at fault.
This is one of the easiest ways for the insurance company to reduce its obligation to the injured party. They will try many different ways to get you to assume some of the faults of the accident so that they can reduce your claim.
Never admit fault or accept any responsibility for the accident when speaking with an insurance adjuster. Do not even say, “I’m sorry this happened,” because it implies fault. If your insurance adjuster contacts you, refer them to your attorney.
The Insurance Company Goes Silent
Insurance companies have found that many people will panic if they do not get a response from the insurance company when they call. The insurance company “goes silent” in an effort to make the injured party panic and think that if they do not accept the lowball offer, they will not get anything at all.
This nasty tactic plays on the emotions of people already suffering an injury. Avoid this issue by allowing an attorney to manage your claim. This way, you never have to worry about being bullied by the insurance company or adjuster to accept a lowball claim.
Do I Need A New Jersey Personal Injury Lawyer?
When you have a personal injury attorney managing your compensation claim, you will benefit from their experience and legal knowledge. They will have a strategy to help secure the maximum compensation for your case.
Your attorney will make sure that all avenues of compensation are considered, including medical costs, lost wages, future earning potential, and pain and suffering. You will also benefit from the knowledge that your case is being managed professionally so you can focus all your attention on recovering from your injuries.
How Long Will My NJ Injury Case Take?
It is difficult to place an exact time limit on how long a case will take to complete. There are many factors that must be considered when it comes to the timing of a case.
The first thing that must be considered is the complexity of your injuries. If you have multiple or severe injuries, it may take some time to reach maximum medical improvement (MMI). Without the MMI, your attorney will not begin negotiating a settlement because they do not know the extent of your injuries and suffering.
Another factor that can cause the case to take time to complete is the actions of the Defendant. If Defendant prolongs responses or continues to make delays in an effort to not pay out the compensation, the case could take longer to settle.
However, when an attorney manages your claim, insurance companies are less prone to dragging out the case. Your lawyer should be able to give you an approximate time frame for your case based on the facts of your case.
What’s The New Jersey Statute of Limitations On Filing A Personal Injury Claim?
New Jersey Statute Section 2A:14-2, states:
“Every action at law for an injury to the person caused by the wrongful act, neglect or default of any person within the State shall be commenced within two years next after the cause of any such action shall have accrued.”
This law gives anyone injured in an accident two years from the date of the accident to file a claim for compensation or lawsuit for your losses. If you do not file your claim within this time, you lose your right to seek compensation.
Although the law gives you up to two years to file a claim for a personal injury, it will always be in your best interest to file a claim as soon as possible after the accident occurred. Waiting to file a claim can diminish the value because of lost evidence, missing witnesses, or other issues that can arise over time.
How much is my NJ injury case worth?
Every case must be treated as a unique event. The causes of the accident, the types of injuries received, and the severity of these injuries will differ with each claim.
It would be irresponsible and illegal for our attorneys to provide you with a “guaranteed” settlement amount for your case. We may be able to provide you with a “guesstimate” based on similar cases, but even a guess can be reckless.
What we can tell you is that the NJ injury attorneys at Rosengard Law Group will fight diligently to win the maximum compensation for you and your family.
Why should I file a personal injury lawsuit?
Your life was changed the moment you were injured. Unfortunately, the injuries you received may prevent you from returning to work or doing the things you love.
You have experienced hardships and other types of stress as a result of your injuries. You may even have trouble sleeping because of the stress.
The negligent party should be held responsible for these changes they have inflicted on your life. It is only right that they do what is necessary to cover your losses to start to rebuild your life.
What will a NJ personal injury lawyer do for Me?
Rosengard Law Group will provide you with the following services:
- Review medical records and have them evaluated by an expert
- Ensure you are receiving all the medical care you need for your recovery
- Thoroughly examine the scene of the accident
- Use an accident reconstruction expert if necessary
- Question witnesses
- Gather and keep track of all necessary documents
- Submit all documents on a timely basis
- Negotiate to win the best possible settlement from the insurance companies
- Take the case to trial if necessary
Your New Jersey personal injury lawyer will also work very closely with you during all of these steps and ensure the progress of your case.
What steps will my NJ injury lawyer take?
Once you have had your FREE Case Evaluation by the Rosengard Law Group injury attorneys, your case will take the following steps:
- Build Your Case: your attorney will start gathering and examining evidence, interviewing witnesses, and speaking to experts about your accident and injuries. This provides them with the information they need to approach the insurance company.
- Demand Letter and Negotiations: Once all of the information has been gathered, and a compensation amount can be calculated accurately by your NJ injury lawyer, a Demand Letter will be sent to the insurance company. The insurance company often denies the first request, and negotiations will begin. We will not settle for any compensation package that is not fair to you.
- Take the Case to Trial: If a reasonable settlement agreement cannot be reached, Rosengard Law Group will take the insurance company to trial on behalf of their client. Nearly 95% of all cases settle before they reach this point.
What is my role in the injury case?
As the injured party, you are encouraged to:
- Continue all medical treatments as recommended by your doctor
- Attend all meetings required by your attorney
- Never admit fault for your injury in any way, especially to the insurer or online
- Keep a written journal of your injury and how it has impacted your life
- Avoid discussing any part of your case with anyone, especially on social media
What does a New Jersey personal injury lawyer cost?
Rosengard Law Group is a contingency fee-based law firm. This means that there are never any upfront legal fees or out-of-pocket legal expenses.
We only get paid a percentage if we win your case.
Call today for your FREE Case evaluation – there is no risk involved.
Contact a personal injury attorney in New Jersey today
Being injured by the negligent actions of another person or business can change your life!
You do not need to face these hardships alone.
If you are a victim of a personal injury in New Jersey, you are encouraged to call 856-284-6446 now for a free over-the-phone consultation with a personal injury attorney NJ at Rosengard Law Group.