Whether caused by a car accident, a fall, or a defective product, the injuries sustained in an accident bring trauma and anxiety. This can manifest as physical pain, emotional trauma, and significant financial losses. Medical bills, property loss, and missed wages take a major financial toll, increasing stress that can further slow your recovery.
A personal injury settlement could relieve your financial distress and help move you toward a more complete recovery. A Burlington personal injury lawyer from Rand Spear The Accident Lawyer will work to get you fair and substantial compensation. For the best outcome, partner with our dedicated personal injury team as soon as possible after your accident.
How a Personal Injury Settlement Can Help You
Every personal injury case is different. But Rand Spear The Accident Lawyer and the team at Rand Spear will pursue just compensation aggressively. In most cases, this compensation might include:
- Coverage for medical costs, including future costs should your injuries require ongoing care.
- Recovery of lost wages from time missed at work. If your injuries prevent you from returning to work long-term, a settlement can recover lost future earnings and benefits.
- Recovery for the value of property damaged in your accident.
- Acknowledgment of your physical pain, emotional distress, and reduced quality of life.
The consequences of injuries suffered because of someone else’s negligence can be moderate to severe and temporary or permanent. Whatever the situation, they will affect your overall well-being. A fair settlement can help you through the recovery process, get you justice, and stabilize your financial future.
Punitive Damages
Unlike compensatory damages, which restore your losses, punitive damages are meant to “send a message.” At-fault parties who must pay punitive damages are being punished for especially egregious behavior. Punitive damages are also designed to send a message to potential offenders, deterring them from committing similar acts.
It is not easy to get punitive damages in New Jersey. The state has strict laws for assigning them, as described under Charge 5.12 from the New Jersey Courts. Victims must prove “with clear and convincing evidence” that the defendant:
- Acted with malicious intent
- In willful and wanton disregard for the victim’s safety
- The maliciousness or disregard caused the victim’s injuries
However, if you deserve them, your personal injury attorney in Burlington will fight to have them added to your settlement. The amount you can receive for punitive damages is $350,000 or five times your compensatory damages, whichever amount is greater according to Charge 8.60 from the New Jersey Courts’ cap on punitive damages. Find out what your case could be worth when you contact our legal team for a free consultation.
A Personal Injury Lawyer in Burlington Will Fight for the Settlement You Need and Deserve
Rand Spear knows how critical a fair settlement is to your recovery and the security of your financial future. You can trust that your Burlington personal injury attorney, Rand Spear, will fight for a settlement to meet your needs. While you focus on healing, your attorney will work your case by:
- Carefully investigate your accident to determine its cause and identify the at-fault party.
- Filing a personal injury claim on your behalf within New Jersey’s two-year statute of limitations under New Jersey Statutes Title 2A. Administration of Civil and Criminal Justice 2A § 14-2.
- Gathering comprehensive evidence so our negligence lawyers can help you prove the at-fault party’s negligence caused your injury and justify your settlement demand.
- Handling all communication and negotiation with the at-fault party’s representatives, standing firm in demand for a fair and sizable settlement.
- Taking your case to court, should the at-fault party refuse to make an acceptable offer and a trial is in your best interests.
Why You Need a Skilled Negotiator Representing You
Too often, accident victims trust insurance companies to do right by them. Unfortunately, that trust is misplaced. Insurance companies are out to protect their own bottom lines, and they do that by paying out as little as possible to deserving victims.
To protect themselves, insurance companies resort to intimidation or manipulative tactics to coerce victims into accepting unfair blame for an accident and ultimately taking an offer far lower than what they need or deserve. When you have a personal injury lawyer handling all communication with the insurance company, you protect yourself from these tactics and your settlement from unwarranted reductions. We will not be taken in by the insurance company’s tricks or accept lowball compensation offers.
Burlington Personal Injury Lawyer Near Me (215) 985-2424
How Personal Injury Contributory Negligence Laws in New Jersey Affect Your Compensation
In New Jersey, personal injury cases follow a modified comparative fault system under Charge 7.13 from the New Jersey Courts. This means you will not always be prohibited from receiving a fair award if you are partially at fault. Under this system:
- Accident victims can only file against an at-fault party if the victims themselves hold less than 50% of the blame for the accident.
- Accident victims eligible to file will have their compensation reduced by a percentage equal to their percentage of fault.
For example, if you experience a rear-end car accident, but one of your brake lights is out, the court might determine you hold 20% of the blame, and you will receive 80% (20% less) of the total calculated settlement. Remember, insurance companies will look to inflate your level of blame, even misrepresenting details of the accident to achieve this goal. Put your case in the hands of an experienced legal advocate who will not let these false accusations stand.
Types of Personal Injury Cases
Any type of accident can prompt a personal injury case, but most fall into certain categories. When you work with Rand Spear The Accident Lawyer, you have access to decades of legal experience and knowledge of how various types of injury claims unfold. Some of the most common types of cases we take on include:
- Motor-vehicle accidents, whether you are a vehicle occupant or a pedestrian.
- Product liability cases, when using a defective product or a product without appropriate instructions or warnings, cause you harm.
- Premises liability cases, when you are hurt on someone else’s property. Property owners must keep their premises free of hazards to protect the safety of invited guests and customers.
- Medical malpractice, such as when you are hurt by a medical professional’s negligence or improper care.
- Dog bites. New Jersey follows strict liability laws under N.J.S.A. 4:19-16 for dog bites, which means owners are responsible when their dogs bite or harm someone, even as a “first offense.”
Wrongful Death Cases
If your loved one dies from an accident, our legal team can file a wrongful death claim in accordance with Charge 8.43 by the New Jersey Courts. A settlement can cover related medical costs, death expenses, lost income, and loss of affection and relationship. However, you may need to review the statute or contact our office to determine whether you have the authority to file a claim, as only the personal representative of the decedent’s estate has that right.
Burlington Personal Injury FAQ
What Are the Costs of Hiring an Attorney?
It does not cost anything to hire a personal injury lawyer upfront, as most reputable personal injury law firms are willing to work with clients on a contingency basis. Contingency agreements make payment for attorney’s fees contingent upon winning your case as described by the New Jersey Rules of Professional Conduct RPC 1.5. Fees. This means you will only have to pay a portion of your settlement to your attorney if we win your case.
What Is the Statute of Limitations for Personal Injury Lawsuits in Burlington?
The personal injury statute of limitation in New Jersey is two years, according to New Jersey Statutes Title 2A. Administration of Civil and Criminal Justice 2A §14-2. Unless extenuating circumstances to the statute of limitations, failure to meet this deadline could have adverse consequences on the outcome of your case. We strongly recommend turning to a dedicated personal injury law firm as quickly as possible after your accident so we can begin building a powerful claim against the liable party sooner.
What Is the Burden of Proof in Personal Injury Cases?
In New Jersey personal injury lawsuits, the burden of proof is based on a preponderance of the evidence according to the Local Civil and Criminal Rules of the U.S. District Court for the District of New Jersey Rule 1.12. In criminal court, the prosecutor must prove guilt beyond a reasonable doubt. However, in your personal injury case, as long as we can show the defendant’s conduct is likely the cause of the injuries you sustained, you may be able to recover maximum compensation for your damages.
Do Not Settle for Less: Demand Rand Today When You Schedule Your 100% Free Consultation
When you have been hurt by someone else’s negligence, you deserve the maximum settlement. Rand Spear and our team of legal advocates have been fighting for accident victims for 30 years and have secured over $750 million for our clients. Contact us today and schedule a free consultation with a knowledgeable Burlington personal injury lawyer so we can put our experience and strategic approach to work for you.
Call or text (215) 985-2424 or complete a Free Case Evaluation form
