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Frequently Asked Questions about Personal Injury Law

Q: How do I know if I have a personal injury case?

A: First, you must have suffered an injury to your person or property. Second, you should consider whether your injury was someone else's fault. It is not always necessary to have a physical injury to bring a personal injury lawsuit. Some personal injury claims could be based on a variety of nonphysical losses and harms. In the case of an assault, for example, you do not need to show that a person's action caused you actual physical harm, but only that you expected some harm to come to you. You also may have a case if someone has attacked your reputation, invaded your privacy, or inflicted emotional distress upon you.

Q: How soon after I am injured do I have to file a lawsuit?

A: Every state has certain time limits, called "statutes of limitations," which govern the amount of time you have to file a personal injury lawsuit. In some states, you may have as little as one year to file a lawsuit arising out of an automobile accident. If you miss the deadline for filing your case, you may lose your legal right to damages for your injury. Consequently, it is important to talk with a lawyer as soon as you suffer or discover an injury.

Every year, more than 90,000 people die in the United States as a result of unintentional injuries. If you have been recently injured or diagnosed with an illness, contact our office to see if you could be entitled to compensation for your injuries.

New Jersey Personal Injury Lawyer

Newark - Toms River - Cranbury - Edison - Woodbridge

Toll Free: 1.866.NJLAWFIRM

Based in East Brunswick, New Jersey, the personal injury lawyers at the law firm of Tortoreti, Tomes & Callahan, P.C. want you to have as much information as possible about personal injury law, so you can make informed decisions. Therefore, we are providing you with the following general information about personal injury law.

If you have any questions about New Jersey personal injury laws, or if you would like to discuss your case with an experienced personal injury lawyer, please schedule a free confidential consultation and case evaluation by calling us at either 1.866.NJLAWFIRM or 732.257.9100, e-mailing us, or completing our intake form on our Contact Us page.

Personal Injury - An Overview

Personal injury lawsuits are filed by people (or their representatives) injured due to the negligence of someone else. The injury may be either physical or emotional, and it can arise from a variety of sources or types of conduct. Some of the most common types of personal injury cases include slip and fall, automobile accidents, assaults and battery, medical malpractice, and product liability. In general, the goal of a personal injury action is to determine who was responsible and to compel the responsible party to compensate the injured person for the losses sustained. If you or someone you know has been injured by the careless actions of another, contact a personal injury attorney at our firm to find out how we can help you preserve your rights.

Personal Injuries from Dangerous or Defective Products

When someone is injured while using a product that was manufactured or marketed in a defective or dangerous way, he or she may be able to recover the resulting damages from the responsible party in a products- liability-based personal injury suit. Products liability law is based on the responsibility of a manufacturer or other provider of goods to compensate users of the goods for injuries caused by defective or dangerous products that it placed into the stream of commerce. The basic idea underlying products liability law is that the companies providing the products are usually in the best position to prevent defective products from entering the marketplace, so if they fail to do so, they should be held accountable. An experienced and knowledgeable personal injury lawyer can advise injured persons on whether they may have a claim against a product manufacturer or seller and can help them recover the damages to which they are legally entitled.

Reasons to Hire a Personal Injury Attorney

When you’re injured, you need all the help you can get, and you need it as soon as possible. Unfortunately, that means that some injury victims pick the first attorney they find rather than making an informed choice. Before you hire a personal injury attorney, it’s important to educate yourself and find the right fit for you and your case. The following list can help you find an attorney who is right for your case.

Personal Injuries from Animal Bites or Attacks

Although animal-attack claims most commonly involve dog bites, many other types of domesticated animals, such as ferrets, cats, and even birds, can also bite humans. Even nondomesticated animals, such as large cats ordinarily found in the wild, but owned by some people as pets have been known to attack children and adults. An owner's liability for injuries caused by his or her pet, if any, will vary greatly from jurisdiction to jurisdiction. A lawyer from our firm who is experienced in handling personal injury claims is an excellent source for accurate advice and information if you have been injured in animal attack.

Slips, Falls, and Other Premises Liability Claims

Premises liability law involves the legal responsibilities of property owners and occupiers to prevent injuries to persons on their property. One of the most common causes of such injuries is a trip or slip and fall, such as on an icy sidewalk, a loose or uneven stair tread, or a piece of debris or spilled liquid on the floor. Property owner liability varies depending on the rules and principles adopted in the jurisdiction where the injury occurred. An experienced personal injury lawyer at our firm can evaluate the strength of your premises liability claim and help you recover damages for lost wages, medical bills, and pain and suffering.

When Personal Injuries Result in Death: Wrongful Death Cases

In general, a wrongful death claim is one in which it is alleged that a person died as a result of another's negligence. The deceased person’s surviving relatives, dependents, or beneficiaries may bring suit against the responsible party or parties, seeking monetary damages for their losses. Each state has its own wrongful death law and not every state follows the same guidelines, principles, or rules. A personal injury attorney at our firm can advise you on whether you have a valid wrongful death claim and can help you pursue that claim against the responsible party or parties.

Selecting a Personal Injury Attorney

If you’ve suffered an injury through the fault of another, you may be out of work, overwhelmed with piles of medical bills, or in constant pain and agony. Under any of these circumstances, researching, locating, and retaining a lawyer to handle your personal injury claim can seem like yet another insurmountable obstacle. There are, however, some guidelines that can help you to select a personal injury lawyer to handle your case. With a personal injury lawyer from our firm on your side, you can breathe a sigh of relief and focus on your recovery while we carry at least part of your burden.

Personal Injury, General Resource Links

Practical Law: Personal Injury Claims
This Web site, made available to the public by the ABA Division For Public Education contains useful information about personal injury claims.

US Consumer Product Safety Commission (CPSC)
The CPSC is charged with protecting the public from unreasonable risks of property damage, serious personal injury, or death from consumer products such as toys, cribs, power tools, cigarette lighters, and household chemicals that pose a fire, electrical, chemical, or mechanical hazard or can injure children. The CPSC's Web site includes recalls and product safety news, information on reporting an unsafe product, and more.

Fact Sheet Library
National Safety Council (NSC) fact sheets are resource guides that provide statistics, tips, and suggestions to make life safer. This Web site contains over 80 topics in four categories: agricultural safety, healthy living, environment safety, and road safety.

Tort Law: An Overview
This Web site, maintained by the Legal Information Institute (LII) at Cornell University Law School, provides general information about tort law, including discussion of intentional torts, negligent torts, and strict liability torts.

Dog Bite Liability
This Web site contains an article from the Insurance Information Institute (III) about dog bite liability. The article discusses dog owners’ liability, recent developments in state legislation, important court decisions, and other related issues.

We hope you have a better understanding of personal injury law in general. Remember, each case is unique, and the results of any particular case are dependant on number of factors, including the particular details surrounding your claim.

We have the experience and knowledge to provide you with the insight you need to make an informed decision regarding your own case. We invite you to contact us and schedule a free consultation with an experienced personal injury partner at our law firm. We look forward to helping you.

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Our Attorneys Have Aggressively Pursued Claims for the Injured
Since 1975

Tortoreti, Tomes & Callahan, P.C.
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