A personal injury claim is a type of tort, which is a civil “wrong” that is the basis for a lawsuit. This happens when someone has suffered an injury due to the actions or inaction of another, and the injured party is entitled to receive compensation.
When this occurs, you may seek just compensation from another person or party for causing your accident. In most cases, a personal injury claim seeks monetary recovery from an individual or company’s insurance policy.
If you or someone you love has been injured due to the negligence of another, you may have the ability to bring a claim for damages in order to offset the costs associated with the injury and compensate the injured victim for their pain and suffering, economic damages, property damage, medical costs, lost wages, and other costs you or your family incurred as a result of the injury.
The plaintiff is the person or organization who initiates a lawsuit. In a personal injury claim, the plaintiff is the person who was injured. In the case of someone who is unable to act for themselves or a wrongful death claim, the plaintiff is the person legally entitled to act on that person’s behalf, the deceased’s behalf, and/or the estates behalf.
The defendant is an individual and/or an organization that may be in some way responsible for causing the injury. Based on the circumstances of the case, there can be more than one defendant.
Personal Injury cases arise out of an area of law called negligence. When you sue someone for injuries from an accident, you are bringing a cause of action, or claim, for negligence. Negligence is the failure to exercise reasonable care under the circumstances. There are several important elements that must be established in order to prove negligence.
In order to show a defendant was negligent, there must be a duty owed towards the plaintiff. A duty means a level of care. In general, everyone has a duty to use reasonable care. The courts typically measure whether something was reasonable based on how an ordinary prudent person would have acted under the same circumstances.
Secondly, the defendant must have breached the duty owed to the plaintiff. In other words, the defendant either acted, or failed to act, in the same manner as a reasonable person. If an action taken by an individual was not what an ordinary prudent person would have done under the circumstances, then that individual may be have breached the duty of care.
A breach of a duty is not enough for a successful personal injury claim; the breach itself must have been the proximate cause of an injury.
Proximate causation deals with foreseeability as the duty of care required in a particular circumstance. A proximate cause” means that the negligent conduct was an efficient cause of your injury, that is, a cause which necessarily set the other causes in motion and was a substantial factor in bringing about injury. “A proximate cause” is any cause which in a natural and continuous sequence produces the result complained of. “A proximate cause” the negligence of a defendant need not be the only cause of injury, there can be other causes as well. However, to be “a proximate cause” the negligence must be at least a substantial factor in bringing about or causing that result.
Finally, the injury that occurred due to the breach of the defendant’s duty must have resulted in some type of harm, either physical or emotional. There are a variety of different categories damages can fall into, including medical expenses (such as hospital stays, medical procedures, and things such as rehabilitation and/or psychiatric services), lost wages (time you were unable to work due to an injury) physical pain and suffering (experts use a variety of formulas based on the severity of the injury to come up with a monetary sum), disability/disfigurement (for example, if an injury left you with a permanent loss of motion), and many more.
In a vast majority of personal injury cases, insurance companies will come into play. Depending on the nature of the injury, these could be auto insurers, property/site inspectors, medical adjusters, and many more. At times insurance claims adjusters can appear incredibly empathetic, but remember that they are never acting in your best interests. Their primary goal is to limit the financial payout or delay any future payment.
If you or someone you know has been injured, the process you’re facing can be incredibly complex and time consuming. You should focus on recovery, not dealing with insurance adjusters and paperwork. Please call my office at 908-264-7701 for a free strategy session. I am a NJ injury lawyer, and am always happy to take the time to discuss your case in detail.
Howard was referred to me. I’m so glad I made the call. In the early days of my injury, Howard took the time to answer my texts and phone calls and answered all my questions and explained everything in great detail. If you ever need an attorney Howard is the person to call. I will always recommend Howard to anyone who may need.
– Jen Ivkovich, October 15, 2020
Howard is very professional and very pleasant at all times. He was amazing during the entire process of fighting for me and told me not to worry. Once he told me that I knew I made the right choice of hiring him as my lawyer. He kept me informed every step of the way and explained the entire process to me in full detail in a way I could understand. He calls, emails and text you to keep you updated all throughout the process as I was being sued do to a car accident with false accusations. GUESS WHAT??? He called me a few days ago and told me the case was dismissed. He is again AMAZING. I was worried but I felt he was confident that we would win but he did not tell me this. You could just feel the confidence in his voice. I highly recommend Howard because he will fight with and for you until the very end. He is the BEST!!
– Curlyn Cajuste, September 4, 2020
The BEST LAWYER AROUND! Very honest and always very responsive!!
– K Q, August 2, 2019
I highly recommend Howard, he just have dismissed my friend’s case in less than one month, besides be a great criminal attorney he is such a good heart person, since the beginning to the end of the process he was 100% honest. If you are looking for a efficient criminal attorney, you must definitely stop by his office.
– Darwin Amendano, June 25, 2019
Mr. Howard Lesnik, has been with me since December 21st 2017 ever since my horrific accident in Newark, NJ. He took my lawsuit when many other law firms told me, I didn’t have a chance in hell in getting any settlement. He has also been very supportive of which I am very grateful. I thank God for Howard and I give him my world famous TWO Louie Morales thumbs up. I don’t give those out lightly and to many, however he deserves them and more. I Highly recommend him to everyone seeking damages from auto, falls and work accidents. Sincerely, Luis Angel Morales
– Luis Morales, May 7, 2019
Mr Howard definitely is a 5 star attorney. He has represented me and relatives and has earned our genuine Loyalty my go to guy. Thank you Howard for your hard work.
– Bobby Leon, February 21, 2019
Howard Lesnik is awesome!!! If your looking for a great attorney, look no further. Mr.Lesnik took on a couple of my cases over the course of several years, with one lasting over a year, No matter how difficult the job was, he kept at it and with great success.. 🙂 extremely professional and curtious. Mr. Lesnik kept me updated throughout the whole process. Responds to emails and any concerns I may have had. I would definitely recommend him in a heartbeat. He will always be an attorney I will call and count on!!! Thank you Mr. Howard Lesnik!!!
– Angel Henry, May 2018
As strong litigators, we draw on years of experience and skill at negotiating settlements that serve our clients’ best interests. Contact a reputable New Jersey injury attorney for a free initial consultation.
Whether you need help for a personal injury or workers’ compensation claim in Northern New Jersey, Mr. Howard P. Lesnik, Esq. have the skills and background to provide the representation you deserve.
