If you're facing a personal injury case, whether because you were injured in a car accident or bore the brunt of negligence first hand, you must have questions on your mind regarding the process of a personal injury lawsuit. In this simple guide, we address the most commonly asked questions we receive here at The Law Offices of James Vasquez, P.C.
What is the value of my case?
This is a tough question for your personal injury attorney to answer, as it depends on a variety of factors for each specific case. The value of your claim is influenced by the specific facts of your case, any insurance limitations, and the severity of your injuries. It's also important to know who was liable for the accident. Five key things are considered to develop a ballpark figure, including:
· Past medical bills
· Future medical bills
· Lost wages
· Loss of earning capacity
· Pain and suffering
Determining the compensation you may receive is not an exact science as each of the above factors requires evidence in order to approach an actual figure. Any discrepancies that may appear in any of the above areas are considered in the calculations. The best thing you can do is to schedule a free consultation with one of our attorneys after you have collected medical records and statements.
How long does a lawsuit take?
As each personal injury case is unique, it's difficult to provide an accurate time frame for how long your specific lawsuit will take to finalize. There is no reference for these types of lawsuits; however, they can take anywhere from just a few months to a few years. Some lawsuits are able to settle without the need for a trial.
How much does it cost?
At The Law Offices of James Vasquez we make nothing until you get paid. We work on a contingency-fee contract, meaning that the only time we receive payment is when we score a victory with your case.
When is the best time to file a lawsuit?
Recovering from personal injuries after an accident is always a priority in these demanding situations; however, you should consult with an attorney as soon as you are able to. Injury victims have a brief window to file a claim. This is called the statute of limitations. If you fail to file within the required time period, you may not recover any damages. For the state of New Jersey, the statute of limitations is 2 years for personal injury. It may seem like a long time, but there is no such thing as an expedited legal service.
How do you define "negligence"?
Negligence is often the culprit for many personal injury cases that we represent. To have a workable claim, you must have been hurt as the result of negligence on behalf of another individual or entity. This means that the individual or entity failed to exercise the care that a reasonable person would to protect others from harm under the circumstances that led to your injury.
Gross negligence is an extreme example of negligent conduct. It is the conscious, voluntary, reckless disregard for the safety or lives of others. These claims are usually easier to prove than claims of regular negligence.
What if I was partially responsible?
The answer to this question varies by where you live. Only 4 of the 50 states and the District of Columbia abide by "pure contributory negligence," which states that if a damaged party is even 1% at fault, it cannot recover any damages. Fortunately, New Jersey is not one of these states. In the Garden State, we employ the Modified Comparative Fault Rule; particularly, the 51% Bar Rule, which states that a damaged party cannot recover if it is 51% or more at fault for the accident. If the plaintiff is 50% or less at fault, damages can be recovered, but the recovery is reduced by the degree of fault.
For more information, call The Law Offices of James Vasquez at 973-239-4500. If you need a determined and experienced personal injury lawyer legal representation for your personal injury claim, our team of attorneys has over 10 years of litigation experience for several areas of personal injury law. Attorney James Vasquez has worked on all sides of personal injury law. He has even defended insurance companies on complex litigation matters. He is not afraid of taking on complicated cases. Schedule a free consultation today.