Personal Injury Attorneys in Somerset County, NJ
If you or a loved one has been injured, you need an experienced, concerned attorney with a proven record of past success – someone who will legally represent you and help you through this difficult time. Contact the experienced, well-respected law firm of McDonald & Rogers, LLC for your legal counsel.
What Is a Personal Injury Case?
Personal injury lawsuits are civil cases in which an individual (the plaintiff) seeks to recover damages for injuries that resulted from the careless or irresponsible actions of another person or group (the defendant). These lawsuits can involve a wide range of injuries, including: construction accidents; defective products; dog bites; medical malpractice; motor vehicle accidents; nursing home abuse; slip and fall accidents; workers’ compensation; and wrongful death.
The Basis of a Personal Injury Case
Plaintiffs in a personal injury lawsuit must prove that the injury they suffered was the direct result of the defendant’s wrongdoing. There are three foundations for proving liability:
- Negligence – The defendant is responsible for the injury if they failed to take actions to prevent the injury.
- Strict Liability – This can apply whether or not the defendant was negligible; product liability falls under this.
- Intentional Wrong – This is a civil claim that can be filed in conjunction with a criminal charge; abuse victims can seek damages from their abusers, while a criminal court will seek to punish the abusers.
Personal Injury Settlements
Sometimes personal injury cases can be resolved before they reach trial. A settlement is negotiated and agreed to by the parties involved. Once this settlement is reached, both parties sign a written agreement not to pursue any further action in the case.
Personal Injury Trials
If a settlement cannot be reached, the case will proceed to trial. Cases involving relatively small damages ($2,000 to $5,000) are heard in small claims court, while cases involving higher amounts are most often heard in State court.
Types of Damages Considered in Personal Injury Cases
There are two types of damages you can seek in a personal injury case:
- Compensatory Damages – These can be actual or estimated damages. Actual damages are based on expenses and financial loss due directly to the injury, including medical expenses, repair bills and lost wages. Estimated damages are calculations based on the pain and suffering endured by the plaintiff.
- Punitive Damages – A plaintiff receives no monetary gain from punitive damages.
Personal Injury Case Jurisdictions
Generally a personal injury lawsuit will be filed in the jurisdiction where the injury occurred or the parties involved in the case reside. Exceptions to that include situations where the involved parties live in two different states or the amount the plaintiff is seeking to recover exceeds $75,000. In those instances, the case would be heard in federal court even if the case was originally filed in a state court.
Questions surrounding jurisdiction can be complex. An experienced personal injury lawyer can help resolve jurisdiction issues. The attorneys at McDonald & Rogers, LLC, located in Somerset, NJ, have over 60 years of combined litigation experience, and are well-versed in the regulations governing both State and federal jurisdictions.
In cases involving very serious injuries and damages, no monetary award can truly compensate; however, coping with such injuries and damages can be eased somewhat if financial hardships are lifted from those suffering. The attorneys at McDonald & Rogers effectively handle personal injury cases, obtaining the best possible outcome on behalf of their clients. Contact the Somerville, Somerset County, New Jersey attorneys at McDonald & Rogers, LLC to discuss the handling of your matter today.