If you’ve suffered an injury due to someone else’s negligence or recklessness in Pennsauken, and are considering filing a clime, you need a lawyer who can get you the results you need. At Cuneo & Leonetti, our experienced Pennsauken Personal Injury lawyers are committed to providing personalized and effective legal representation, ensuring that your rights are protected and that you receive the compensation you deserve. Don’t let an accident derail your life—reach out to us today for a free consultation and take the first step towards regaining control of your future.
What is a Personal Injury?
A personal injury is when an individual suffers physical or psychological harm, usually due to someone else’s negligence, recklessness, or intentional misconduct. In a legal context, a personal injury claim seeks to provide compensation for those injuries.
To make a successful personal injury claim, you typically need to prove:
- Duty of Care: The defendant had a legal responsibility to act in a certain way towards the victim.
- Breach of Duty: The defendant failed to uphold that duty of care.
- Causation: The defendant’s action or inaction caused the injury.
- Damages: The victim suffered physical, emotional, or financial harm as a result.
Common Types of Pennsauken Personal Injury Claims
While personal injury claims can span a wide range of circumstances and types of injuries, some types of personal injury claims are more commonly encountered than others. At Cuneo & Leonetti, we encounter the following types of personal injury claims more frequently:
- Motor Vehicle Accidents: Cars, motorcycles, trucks, and even bicycles and pedestrians can be involved in motor vehicle accidents. Negligence such as speeding, distracted driving, and impaired driving are common causes. A qualified Pennsauken car accident lawyer at Cuneo & Leonetti can help evaluate your case and circumstances.
- Slip and Fall Accidents: These occur in various settings—public places, private residences, and workplaces—and are often due to hazards like wet floors, uneven surfaces, or poor lighting.
- Medical Malpractice: When healthcare providers make mistakes that harm their patients, these can lead to medical malpractice claims. This could include surgical errors, misdiagnoses, and medication errors.
- Workers’ Compensation: Injuries that occur in the workplace often result in workers’ compensation claims, but they can also lead to personal injury lawsuits if a third party is responsible for the injury.
- Premises Liability: In addition to slip and fall accidents, other types of incidents, such as inadequate security or unsafe structures, can also lead to premises liability claims.
- Product Liability: Defective or dangerous products can result in injuries that lead to personal injury claims. This could include anything from faulty car parts to unsafe children’s toys.
- Dog Bites and Animal Attacks: Owners may be liable if their animals, typically dogs, attack and cause injury to others.
- Wrongful Death: When a person dies due to someone else’s negligence or intentional action, their family may file a wrongful death claim.
- Pedestrian Accidents: Pedestrians struck by motor vehicles can suffer severe injuries and have the right to pursue compensation from the responsible parties.
Common Injuries Sustained in Personal Injury Claims
While the specific injuries can vary significantly depending on the type of personal injury claim, we see some injuries more often than others. Below are some common injuries frequently cited:
- Soft Tissue Injuries: Sprains, strains, and contusions often result from slips, falls, and minor car accidents.
- Broken Bones: Fractures can occur in all types of accidents, including motor vehicle accidents and falls.
- Head and Brain Injuries: Concussions and other traumatic brain injuries can occur in a variety of settings, from car accidents to workplace incidents.
- Back and Spinal Cord Injuries: These can range from minor back strains to severe spinal cord damage leading to paralysis.
- Cuts and Abrasions: Often resulting from slip and fall accidents, dog bites, or car crashes, these injuries may be superficial or severe, requiring stitches or even surgery.
- Burns: These can occur due to fire accidents, defective products, or workplace mishaps.
- Emotional Distress: Emotional or psychological harm can be the basis for a personal injury claim, especially if it accompanies a physical injury.
- PTSD (Post-Traumatic Stress Disorder): Serious accidents can lead to lasting emotional trauma.
- Whiplash: Particularly common in rear-end motor vehicle accidents, whiplash affects the muscles and ligaments in the neck and shoulders.
- Internal Injuries: Internal bleeding or organ damage can occur, often as the result of a car crash or severe fall.
- Wrongful Death: In the most tragic cases, an accident can lead to loss of life, leading to wrongful death claims by the family of the deceased.
- Permanent Disability: Some accidents result in permanent disability, either because of limb loss or severe brain and spinal injuries.
Types of Damages in Personal Injury Claims
Damages aim to compensate the injured party for both the tangible and intangible losses they’ve suffered due to someone else’s negligence, recklessness, or intentional misconduct.
Here are the main types of damages typically seen in personal injury claims:
- Economic Damages:
- Medical Expenses: This covers bills for hospital stays, surgeries, medication, physical therapy, and any ongoing medical treatment.
- Lost Wages: If the injury forces the victim to miss work or reduces their ability to earn income in the future, compensation may be sought for these losses.
- Property Damage: If personal property like a car or clothing was damaged in the incident, its repair or replacement cost may be claimed.
- Rehabilitation Costs: Some injuries require long-term physical or vocational rehabilitation.
- Out-of-Pocket Expenses: This can include any other direct expenses related to the injury, such as transportation to medical appointments.
- Non-Economic Damages
- Pain and Suffering: This is compensation for physical pain and emotional anguish that you have suffered and could continue to suffer.
- Emotional Distress: Unlike pain and suffering, which may require a physical injury, emotional distress can be claimed for psychological effects like anxiety, depression, or insomnia caused by the incident.
- Loss of Consortium: Spouses may claim this damage for loss of marital benefits, including companionship and sexual relations, due to their partner’s injuries.
- Loss of Enjoyment of Life: This compensates the victim for the inability to enjoy the same quality of life as they had before the injury.
- Punitive Damages: In some cases, if the defendant’s conduct was particularly egregious or intentionally harmful, the court may award punitive damages. These are not meant to compensate the victim but rather to punish the defendant and deter similar behavior in the future.
Statute of Limitations in Pennsauken Personal Injury Claims
The statute of limitations for most personal injury cases is generally two (2) years from the date the injury occurred. This means that you have two (2) years to file a lawsuit against the party responsible for causing your injury. If you fail to file your lawsuit within this time frame, you will likely be barred from bringing your case to court and seeking any compensation for your injuries.
There are some exceptions that can either extend or shorten the standard two-year statute of limitations:
- Minors: If the injured person is a minor, the statute of limitations typically does not begin to run until they reach the age of 18.
- Mental Incapacity: For those mentally incapacitated at the time of the injury, the clock may not start ticking until the incapacity is lifted.
- Discovery Rule: In some cases, injuries are not discovered immediately. New Jersey might allow for the “discovery rule,” which means the statute of limitations would begin from the date the injury was discovered or reasonably should have been discovered.
- Government Entities: If you are filing a claim against a government entity, special rules apply and the time to file may be much shorter, often within 90 days of the incident for a notice of claim.
- Wrongful Death: The statute of limitations for wrongful death claims is generally two years from the date of death, which may or may not coincide with the date of the injury.
- Medical Malpractice: The statute of limitations may have special conditions, particularly regarding when the malpractice was discovered.
Contact Our Pennsauken Personal Injury Lawyer Today
Don’t let the complexities of the legal system add to the stress of your personal injury. Whether you’re dealing with medical bills, lost wages, or emotional trauma, you don’t have to navigate these challenges alone. At Cuneo & Leonetti, we bring years of experience and a commitment to justice to every case we handle. Contact our Pennsauken personal injury lawyers today for a free consultation. Time is of the essence, especially with the statute of limitations on personal injury claims. Reach out to us now to protect your rights and secure the compensation you deserve.