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12 Essential Terms to Know for Your Personal Injury Claim

Published Date: Jan 13 2025 By Bross & Frankel

Serious accidents are, unfortunately, a common occurrence in and around New Jersey. For example, the percentage of fatal car crashes has skyrocketed in New Jersey over recent years. In 2024, deadly auto accidents increased by 27 percent statewide with the most car accident deaths occurring in Central Jersey, including Middlesex County, according to CBS News.

If you or a loved one was involved in a serious accident, including a car crash or motorcycle wreck, then you may be considering the possibility of filing a personal injury claim. If so, it is important to develop a general understanding of the legal terrain and key terminology that is used in the personal injury claims process.  In fact, understanding the important legal terminology frequently used in personal injury cases can help in advocating for your legal rights. 

If you are feeling overwhelmed at the prospect of learning the legal vocabulary when it comes to a personal injury case, then consider contacting Bross & Frankel, P.A. to schedule a free case evaluation. Our New Jersey personal injury law firm features experienced and knowledgeable attorneys. We will work tirelessly on your behalf and are committed to helping you pursue financial restitution for your harms and losses.

Important Terms To Know When Filing a Personal Injury Claim

At Bross & Frankel, P.A., we believe client education is important, which is why we’ve put together a list of key legal terms commonly utilized in personal injury cases:

  • Compensatory Damages: Compensatory damages are intended to make you, the plaintiff “whole” by reimbursing you for actual losses suffered as a result of the accident. Types of compensatory damages include economic damages (i.e., tangible financial losses) and/or non-economic damages (i.e. intangible harms and losses such as pain and suffering).
  • Comparative Negligence: New Jersey adheres to a “modified” comparative negligence standard allowing injured parties to recover damages via a personal injury lawsuit if they are found to be 50 percent or less at fault for the accident. 
  • Contingency Fee: Many personal injury lawyers in New Jersey operate on a contingency fee basis, meaning they are only paid if and when you are paid. The fee is typically a percentage of the settlement or court award.
  • Liability: Liability is associated with the legal responsibility for an action or failure to act resulting in harm to another individual. Establishing liability is important in determining the party responsible for compensating the injured party.
  • Negligence: Establishing negligence falls on you, the plaintiff, and generally necessitates demonstrating that the defendant owed you a duty of care, breached that duty, and caused injury as a consequence.
  • Personal Injury: This term encompasses any harm inflicted on an individual, whether physical, emotional, or mental, as a proximate result of another party’s negligence or deliberate actions. Personal injuries can occur in various contexts, including slip and fall injuries, car accident injuries, motorcycle accident injuries, and so forth.
  • Preponderance of Evidence: In personal injury lawsuits, the burden of proof is typically based on a preponderance of the evidence, which means the plaintiff must demonstrate that it is more likely than not that the defendant’s negligence caused the accident and the plaintiff’s harms and losses.
  • Punitive Damages: This is a unique form of damages that may be awarded in particularly heinous personal injury cases. To be eligible for punitive damages, there needs to be evidence that the defendant engaged in reckless or intentional conduct (e.g., drunk driving, traveling well in excess of the speed limit, etc.). 
  • Settlement: A settlement in a personal injury case constitutes a formal agreement between the involved parties, often prior to trial. The terms of the settlement typically include the plaintiff accepting a specified amount of compensation in exchange for dropping the lawsuit and releasing the defendant from further liability.
  • Statute of Limitations: This denotes the time frame within which a personal injury lawsuit must be filed. The duration varies based on jurisdiction and case type but typically spans a few years from the date of the injury.
  • Subrogation: Subrogation is a legal term standing for the right of a third party, such as an insurance company, to pursue reimbursement for payments made to the injured party from the party responsible for the injury.
  • Wrongful Death: A wrongful death claim is filed by the family or representative of someone who lost their life due to another party’s negligence or misconduct. These claims seek financial restitution for the loss of companionship, financial support, and funeral expenses.

A Knowledgeable New Jersey Personal Injury Lawyer Can Help You Navigate These Legal Terms

Understanding these important legal terms can equip you with the information necessary to navigate the complexities associated with personal injury litigation and make informed decisions about your case. Nevertheless, having a basic understanding of these terms is only one part of the equation. Effectively litigating a personal injury case is complex and challenging. This is why it makes sense to consider hiring an experienced personal injury attorney in New Jersey. 

Another advantage to hiring a personal injury lawyer is you increase your chances of securing a sizable recovery, whether via settlement or jury trial. For example, a study by the Insurance Research Council indicated that claimants who are represented by a lawyer in a personal injury case settle their cases for 3.5 times more than claimants who opt to represent themselves. Furthermore, in approximately 85 percent of cases where an insurance company settles a claim, the injury victim was represented by an attorney.

This is why it makes sense to search for a “New Jersey personal injury attorney near me.” Once you have an attorney on your side, they can take some of the burden off your shoulders by mounting an investigation and evaluation of every aspect of your case. They will also advocate for your right to financial restitution and pursue maximum compensation. 

Seriously Injured in an Accident and Need a Personal Injury Attorney Near You? Contact Bross & Frankel, P.A. Today

If you or a family member suffered a significant injury in a preventable accident, you may be feeling overwhelmed and uncertain about the future. This is perfectly understandable. Many accident victims are unprepared for physical damage, emotional trauma, and mounting expenses. A personal injury lawsuit won’t make you whole again — but it can get you the financial restitution you are owed for the harms and losses suffered from the accident. 

At Bross and Frankel, P.A., our team of personal injury lawyers in New Jersey are committed to helping people who have been badly injured in all types of accidents, such as car accidents, motorcycle accidents, slip and falls, and so forth. With decades of combined experience helping injured people throughout New Jersey, our dedicated NJ personal injury attorneys and team know how to get results. To learn more or to schedule a free, confidential case evaluation, contact us today at (856) 795-8880 or fill out our online contact form.

Written by Bross & Frankel · Categorized: Personal Injury · Tagged: personal injury claim

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