Overview: Brain Injuries
It is not uncommon to experience a brain injury after suffering an accident. Whether you are in a car accident or a slip and fall, the brain is a fragile thing that can lead to lifelong medical problems if injured.
This often means expensive medical bills, time away from work, and many other costly expenses like rehabilitation services. It is normal to wonder who will cover these costs, especially if another person was the cause of the injury.
When Your Brain Injury is a Personal Injury Claim
Consider the following details about your injury to better determine whether or not it is eligible for a personal injury claim:
- Who is responsible? If another person is at fault for the accident that led to your brain injury, then they may also be liable for any damages
- How are they responsible? It is not enough to simply place blame onto another person. You must also determine why they should be held responsible. Did they have a legal duty of care for your wellbeing? Did they act in a way that was negligent?
- How will the injury affect your life? A minor injury may not be eligible for compensation through a personal injury case. However, if the injury will lead to extended medical bills and lost wages, then you may be able to collect compensation from the responsible party.
- What evidence do you have? It is also important that we collect the necessary evidence that identifies who is responsible.
New Brunswick Personal Injury Laws
In order to file a personal injury claim with the state of New Jersey, we will need to demonstrate the following elements:
- Duty of care: The responsible party must have held a legal duty of care to you
- Breach of duty: The responsible party must have acted in a way that breached that duty of care
- Causation: The negligent or intentional actions of the responsible party must have been the cause of the accident, or the injury
- Actual damages: There must be actual damages present that can be compensated (medical bills, lost wages, lost benefits, and rehabilitative costs)
Car Accidents and Personal Injury Claims in Scotch Plains
Although you can suffer a brain injury in a car accident, the compensation process differs a little than with other types of personal injury cases. Because New Jersey is a no-fault state, this means that each party is responsible for their own damages in a car accident, regardless of fault. You would first seek compensation for your damages through your car insurance policy.
However, no-fault insurance policies often have limitations and the treatment necessary to deal with a a brain injury will likely go beyond those limits. If your damages exceed the amount of coverage you selected through your insurance company, then it may make sense to file a third-party personal injury case. It can be helpful to discuss the details of your case with a personal injury lawyer.
Contact an Elizabeth Personal Injury Lawyer to Discuss Your Personal Injury Case in New Jersey
Did you or a loved one sustain serious injuries due to a motor vehicle accident, slip and fall, bicycle accident or other type of accident in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Bramnick, Rodriguez, Grabas, Arnold & Mangan, LLC represent clients injured because of a personal injury in Elizabeth, Union, Plainfield, Newark, East Orange, Irvington, Edison, Woodbridge, Old Bridge, Piscataway, New Brunswick, Perth Amboy, Paterson, Clifton, Passaic, Wayne, and throughout New Jersey. Call (908) 325-5571 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 1827 East Second Street, Scotch Plains, NJ 07076 as well as offices in Westfield, Newark, East Brunswick, Clifton, Cherry Hill, and Elizabeth.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.