Personal Injury

Personal Injury Attorney Elizabeth NJ

Injuries happen to good people like you and me. You can slip on wet pavement. You can be injured by falling debris. You can be hurt in an automobile accident.

Personal injury claims can be very difficult legal matters. Defendants and insurance companies alike regularly contest claims unless they are from auto accidents where fault and negligence are obvious based on material case facts. Premises liability claims are common as well, and are typically defended even stronger because much of the evidence is often based on witness testimony. Auto accidents on public highways generate police reports, but a personal injury on private property may become a case of competing arguments with little verification. Regardless of the type of case, negligence is vital to winning any claim approval, and it always takes an experienced Elizabeth personal injury attorney like attorney Ashton Thomas to represent the case successfully.

Proving Negligence

All plaintiffs in a personal injury claim are required by law to prove negligence regarding an established breach of a reasonable duty of care on the part of the respondent. An experienced personal injury lawyer can present the material facts establishing a reasonable duty of care violation on the part of the defendant in conjunction with submitting medical documentation supporting claims to the extent of injury. In addition, they can also focus on reducing any assignment of personal fault by their client, which is a typical defense claim in injury cases.

Damages and Comparative Negligence

All states have comparative negligence laws, but New Jersey uses a unique standard that allows for total financial damage recovery when the defendant can be proven to be at least 60% responsible for causing an injury. The bar for recovery is set at 50% for claimants, so a 40% personal negligence assessment could still result in whole damages. This means that the attorney you choose to represent your case is very important because cases can and do wind up in court regularly. Damages can include financial recovery for medical bills, lost wages when they apply, property damage, and general damages for pain-and-suffering in serious injury cases. And, this is not to mention potential punitive damages in gross negligence instances.

Never attempt to handle your own personal injury case because they are almost always more valuable than a victim understands. New Jersey residents should contact a Elizabeth personal injury attorney at the Law Office of Ashton E. Thomas for comprehensive representation.