Bergen County Personal Injury Lawyer

Professional Representation After an Injury

As our trusted Bergen County, NJ personal injury lawyer knows, it can be difficult to decide to file a personal injury claim in some instances. Especially if you are not someone who likes to stir things up or if you simply think that filing with your own insurance company will be simpler, you may want to avoid the hassle of filing a personal injury claim altogether. However, there are times when it is important to hold the person responsible if they cause you to become injured. We have been helping clients in New York and New Jersey since 1975. When you are ready to move forward with your claim and speak with someone from Kantrowitz, Goldhamer & Graifman, P.C., call to see how you can win a fair settlement after you were in an accident.

Personal Injury Compensation

Personal injury compensation is designed to reimburse victims for the losses they have incurred as a result of an injury. These losses can be wide-ranging, including medical expenses, lost wages, pain and suffering, and emotional distress. The goal of personal injury law is to restore the injured party to the position they would have been in had the injury not occurred.

The Compensation Process

The process of seeking compensation involves several steps, starting with an investigation of the incident. This includes gathering evidence, interviewing witnesses, and consulting with experts. Once the evidence is collected, a claim is filed against the party responsible for the injury.

Negotiations and Litigation

Most personal injury cases are settled out of court. However, if a fair settlement cannot be reached, the case may go to trial. Our lawyers are experienced negotiators and litigators. We prepare every case as if it will go to trial, ensuring that we are always ready to advocate vigorously for our clients.

The Importance of Timely Action

It’s important to act quickly after an injury. There are statutory deadlines for filing personal injury claims, known as statutes of limitations. Failing to file within these time limits can result in the loss of the right to compensation.

Essential Information for Your Claim

Gathering the right information is a pivotal step. Here’s what you’ll need:

Personal Information

• Your Full Name and Contact Details. This basic information establishes your identity in the claim.
• Insurance Information. If applicable, include details of your insurance coverage.

Details of the Incident

• Date and Time of the Incident. Precise timing can be critical, especially if there are legal time limits (statutes of limitations) for filing your claim.
• Location of the Incident. A specific address or location helps in establishing jurisdiction and potential liability.
• Description of the Incident. A detailed account of what happened before, during, and after the incident. This should include your actions, the actions of others involved, and any external factors that may have contributed.

Evidence from the Scene

• Photographs and Videos. Visual evidence of the accident scene, your injuries, and any property damage.
• Witness Information. Names and contact details of anyone who witnessed the incident.
• Official Reports. If applicable, include police reports, accident reports, or incident logs.

Medical Records and Expenses

• Initial Medical Reports. Documentation of your injuries immediately following the incident.
• Ongoing Treatment Records. Details of any ongoing treatments, surgeries, or rehabilitation.
• Medical Bills. Comprehensive records of all medical expenses related to the injury, including future estimated costs.

Employment and Financial Information

• Proof of Lost Wages. If you’ve missed work due to your injury, include documentation such as pay stubs or a letter from your employer.
• Additional Financial Losses. Document any other financial losses incurred due to the injury, like travel expenses for medical appointments.

The Role of a Personal Injury Lawyer

Involving a personal injury lawyer, especially from a well-established firm like Kantrowitz, Goldhamer & Graifman, P.C., can significantly influence the outcome of your claim. Here’s how they can assist:

• Legal Expertise.They understand the nuances of personal injury law in Bergen County, NJ, and can guide you through the legal complexities.
• Claim Evaluation. They can assess the strength of your claim and the potential compensation.
• Negotiations. Skilled in negotiating with insurance companies to ensure you receive fair compensation.
• Representation in Court. If your claim goes to court, they can provide robust legal representation.

Proving Negligence Is A Crucial Step in Personal Injury Cases

When it comes to personal injury law, one of the most critical aspects is proving negligence. This concept forms the foundation of many claims and lawsuits in this legal area. We understand the complexities involved in establishing negligence and are dedicated to guiding our clients through this challenging process.

Understanding Negligence

Negligence is a legal term that refers to a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. It involves actions that a reasonable person would not undertake, as well as failures to act when a reasonable person would have. The concept of negligence is central to most personal injury cases, as it is necessary to establish that the injury was a result of another party’s carelessness or recklessness.

The Four Elements of Negligence

To prove negligence in a personal injury case, four key elements must be established: Duty, Breach, Causation, and Damages.

• Duty. The first step is to demonstrate that the defendant owed a duty of care to the plaintiff. This duty varies depending on the situation but generally refers to the responsibility to act in a reasonably safe manner to avoid harming others.
• Breach. Once a duty is established, it must be shown that the defendant breached that duty. This breach could be an action or a failure to act. For instance, a driver who runs a red light has breached their duty to follow traffic laws and drive safely.
• Causation. It’s not enough to show that the defendant breached a duty; it must also be proved that this breach caused the plaintiff’s injuries. This means linking the defendant’s actions or inaction directly to the harm suffered.
• Damages. Finally, the plaintiff must demonstrate that they suffered actual damages as a result of the defendant’s actions. These damages can be physical, emotional, or financial.

Gathering Evidence to Prove Negligence

We specialize in meticulously gathering and presenting evidence to establish each of these elements. This process may involve collecting police reports, medical records, eyewitness statements, expert testimony, and other relevant documents and information. Our team works diligently to build a strong case on behalf of our clients.

How A Personal Injury Lawyer Helps You Prove Negligence

As personal injury lawyers in Bergen County,  our role is not only to gather evidence but also to interpret and present it in a way that establishes negligence. This requires a deep understanding of personal injury law, as well as the ability to effectively communicate complex legal concepts to a judge or jury.

Types of Personal Injury Cases We Handle

Personal injury cases are legal disputes that arise when an individual suffers harm from an accident or injury for which someone else may be legally responsible. These cases often involve complex legal issues and various forms of litigation. In this detailed exploration, we will delve into the nuances of personal injury cases, particularly focusing on the role of a personal injury lawyer in Bergen County, NJ, and the services provided by Kantrowitz, Goldhamer & Graifman, P.C.

• Automobile Accidents 

These are among the most prevalent personal injury cases. They often involve collisions between cars, trucks, motorcycles, pedestrians, and bicycles. The legal focus is typically on proving who was at fault, based on traffic laws and evidence from the accident scene.

• Slip and Fall Incidents 

These cases arise when a person is injured due to a fall on someone else’s property. Key legal questions include the property owner’s duty to ensure a safe environment and whether they neglected this responsibility, leading to the fall.

• Medical Malpractice 

These cases occur when a healthcare professional, such as a doctor or nurse, fails to provide appropriate treatment, leading to patient harm. The complexity lies in proving that the care provided fell below the accepted medical standard and directly caused the injury.

• Product Liability

When a consumer is injured by a defective product, they may file a product liability claim. These cases can involve design defects, manufacturing errors, or failure to provide adequate usage instructions or warnings.

• Workplace Injuries 

Injuries occurring in the workplace can range from accidents due to unsafe working conditions to repetitive stress injuries. These cases often involve workers’ compensation claims and may require navigating both employment and injury laws.

Bergen County Personal Injury Infographic

Bergen County Personal Injury Statistics

According to the U.S. Department of Justice, just under 95 percent of personal injury lawsuits settle before they go to trial. This statistic shows that most personal injury cases are resolved through settlement rather than through a trial. There are several reasons for this, including the high cost of litigation, the uncertainty of trial outcomes, and the desire to avoid the emotional toll of a trial.

This is just one more reason why you should have a skilled and experienced personal injury lawyer representing you. Call our office to find out what type of legal options you may have for the injuries you have suffered. We will negotiate with the insurance company to get you a fair and just settlement but will not hesitate to pursue litigation if the insurance company refuses to negotiate in good faith.

Bergen County Personal Injury FAQs

What should I do immediately after an accident to strengthen my personal injury claim?

As experienced personal injury lawyers, we advise that immediately after an accident, your priority should be your safety and health. Seek medical attention, even if you feel fine, as some injuries aren’t immediately apparent. Document everything related to the accident; take photos of the scene, your injuries, and any damages. Collect contact information from any witnesses. This initial evidence can be invaluable for your claim. Remember, your well-being and a solid foundation of evidence are paramount.

How long do I have to decide whether to file a personal injury lawsuit?

The timeframe for filing a personal injury lawsuit varies depending on the type of case and the state’s statute of limitations. In our practice, we inform clients that it’s crucial to act promptly. Generally, the statute of limitations for personal injury cases is within two to three years from the date of the incident. However, this can vary, so consulting with a personal injury lawyer as soon as possible is essential to ensure you don’t miss important deadlines.

Can I still file a personal injury claim if I was partially at fault for the accident?

Yes, you can still file a claim even if you share some fault in the accident. Many states follow a comparative negligence rule, where you can receive compensation proportional to your degree of fault. For instance, if you were found to be 30% responsible for the accident, you could still potentially recover 70% of the damages. It’s important to discuss the specifics with a personal injury lawyer to understand how these laws apply to your situation.

Will my personal injury case go to trial?

Most personal injury cases are settled out of court. However, if a fair settlement cannot be reached during negotiations, it may be necessary to go to trial. In our practice, we prepare every case as if it will go to trial, ensuring we are ready for any eventuality. Our goal is always to achieve the best possible outcome for our clients, whether through settlement or trial.

How is the amount of compensation in a personal injury case determined?

The compensation in a personal injury case is determined by various factors, including the severity of your injuries, the impact on your quality of life, lost wages, and medical expenses. Non-economic factors like pain and suffering are also considered. Each case is unique, and we work diligently to evaluate all aspects of your situation to ensure the compensation reflects the true extent of your losses and suffering.

Kantrowitz, Goldhamer & Graifman, P.C., Bergen County Personal Injury Lawyer

135 Chestnut Ridge Rd Suite 200, Montvale, NJ 07645

Contact Our Personal Injury Lawyer Today

Personal injury cases in Bergen County, NJ, require not only a deep understanding of the law but also a compassionate approach toward those who have been injured. We are dedicated to providing our clients with the highest level of legal expertise and personal attention. We understand that each personal injury case brings its own set of challenges and emotional strains. We are deeply committed to the community, understanding its nuances and specific legal environment. This local insight, combined with our broad expertise in personal injury law, positions us uniquely to advocate effectively for those who have suffered due to the negligence of others. Whether it’s negotiating with insurance companies or representing our clients in court, Kantrowitz, Goldhamer & Graifman, P.C. provides the strength and reliability our clients need. Call our Bergen County personal injury lawyer today.