Best Brain Injury Attorneys in Elizabeth

FAQs

• What is the non-emergency contact number for the local police station in Elizabeth, New Jersey?

  The non-emergency contact number for the local police station in Elizabeth, New Jersey is 908-558-2111.

• Where can I get a copy of police reports for incidents related to my case in Elizabeth, New Jersey?

  You may obtain a copy of a police report in Elizabeth by visiting the Records Division window from Monday to Friday, 8 a.m. to 4 p.m. Alternatively, you may send a letter request with a business check or money order for $5 to the Elizabeth Police Department, Records Division 1 Police Plaza Elizabeth, New Jersey 07201.

• How many years do you have to file a brain injury claim in Elizabeth?

  You have two years to file a claim for your brain injury in Elizabeth. Personal injuries in the state of New Jersey usually have a two-year statute of limitations. It includes vehicular and bike accidents, slip and fall incidents, and construction site injuries. Failure to adhere to the statute of limitation might prevent you from filing any claims for the damages you incurred.

• Can family members file a lawsuit on behalf of a brain injury patient who can't make legal decisions in Elizabeth?

  A family member, such as a surviving spouse or child of a brain injury patient in Elizabeth, can be appointed as the representative. This situation arises when a person with brain injury has a diminished capacity to make legal decisions. You will need medical documentation from the attending physician and present it to the court for approval.

• What will happen to your brain injury case in Elizabeth if you were found to be partially responsible?

  If you were partially at fault for your accident in Elizabeth, which resulted in a brain injury, the court will determine your claim using the modified comparative negligence rule. This rule states that you may still receive compensation even if you were partially responsible for the accident, though the amount will be based on the percentage of each party's fault.

• Can you file for punitive damages in a brain injury case in Elizabeth?

  Yes, you can include punitive damages in your brain injury claim in Elizabeth. Apart from claiming economic and non-economic damages such as medical bills, rehabilitation costs, and emotional distress, a court may grant punitive damages if there was gross negligence and intentional acts from the at-fault party. Punitive damages are capped at $350,000 or five times the amount of compensatory damages.

• How can you prove that your brain injury was due to the negligence of another party in Elizabeth?

  In order for you or your lawyer to prove that there was negligence involved in your brain injury in Elizabeth, there are four elements to state. The first element is if there was a 'duty of care' that the defendant owed to you. Second is if there was a failure to observe caution and prudence to avoid the accident. The last two elements are if the damage has directly affected you, and if it was directly due to the other party's fault.