Personal Injury

People who suffer personal injuries in an accident of any type will commonly be confused about their rights to legal recourse for resulting damages. Many actually do not even know where to begin following the fact. The best option is always to speak with a legal professional who is experienced in handling personal injury cases for answers to these questions. New Jersey personal injury lawyers like the legal professionals at Gruber Schwartz & Posnock know what to expect when discussing a case with an injured victim, and they often hear these particular questions.

Do I have an insurance claim?

Depending on the type of case, there could definitely be a possible insurance claim available for many injured victims. Premise liability claims depend on who owns or controls the property and whether they have insurance protection. The controllers of the property still may be liable for the injuries, but cases always hinge on the material details. Auto accidents are more common, and all vehicles owners are required to carry auto liability protection.

What if I was partially at fault?

This is vital to determining if you have a claim. New Jersey uses modified comparative negligence at the 51% bar rate, so a two-car accident with each driver equally at fault is still covered. In addition, if one driver is 60% or greater at fault, the injured victim with the lesser comparative fault percentage can receive whole damages up to the limit of the insurance protection.

What damages can be recovered?

All cases are not equal when damages are calculated. Typical compensatory damages begin with medical bill coverage and physical property damage, and some cases include lost wages when the victim cannot work following the accident due to the injuries. Pain-and-suffering general damages are also available to the limit of the negligent party fault percentage, and punitive damages could be in line when an injury law firm in NJ can prove gross negligence in a trial.

Contact an Injury Law Firm in NJ

Never think you do not have a personal injury claim when you are partially at fault in New Jersey. Always call Gruber Schwartz & Posnock New Jersey personal injury lawyers for a comprehensive case evaluation.