A personal injury is any harm caused to a person, such as a broken bone, a laceration, sprain, strain, serious bruise or other bodily injury. In most cases, your injury must show some sign of visible or otherwise ascertainable damage, such as through an X-ray, CT scan or MRI. A common example would be a herniated disc as a result of an auto accident or a slip and fall accident. In all but rarest of cases, you will not be able to recover for emotional problems you experience as a result of the incident, unless there is also an associated physical injury.
To be successful in recovering for your injury, you have to prove that the party responsible for your injury was negligent, and more negligent than you were. An exception to this rule is worker's compensation claims where negligence or fault are not a part of the case.
Each state has a statue of limitations that limits the amount of time a person has to file a claim. In New Jersey that time period is two years. If your claim is against a public entity, that period is reduced to 90 days. This is why a personal injury attorney should be contacted early on in the process. As an experienced attorney, I will be able to answer your questions and provide the proper advice. If your case requires an attorney with some specialized experience, I will do the research for you, and make that referral.
A typical fee arrangement is for the attorney to get one third of the settlement amount. The client receives two-thirds of the settlement amount, less expenses. If for some reason there is no recovery, the attorney would pay the expenses.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
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