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Do I Have A Personal Injury Case?

Do I Have An Automobile Personal Injury Case?

There are two important questions that decide whether or not you have a good case.

The first of these concerns “liability,” or whose “fault” the accident is.

If you were “rear-ended” by another driver, for example, or if, in a chain-reaction collision, you were rear-ended through no fault of your own, you have good liability. If you were preparing to cross an intersection and someone made a turn into you when you had the right of way and they either had a yield or stop sign or stoplight, you have good liability. If someone crossed the dividing line or made an unsafe lane change, or if someone drove in a way that exceeded the speed limit for the road conditions or in other ways broke the motor vehicle laws, you usually have a good liability case.

The second question concerns your injuries.

If you have what is called “the verbal threshold,” sometimes also referred to as the “limited tort” or “tort threshold,” in your own automobile policy, then you have limited yourself and your ability to collect damages. It hasn’t become impossible, but it has become tougher. In order for you to be able to collect compensation for your injuries, if you have the “limited tort” or “tort threshold” in your insurance policy, you have to prove some degree of permanent impairment. This is usually a question of advocacy, medical-legal knowledge, and management of the case law and the medicine. These tasks, our firm has excellent credentials and experience to perform. If you do not have the tort threshold or the limited tort, it doesn’t mean that you’re home free, but you will be able to recover damages even for injuries which are not permanent.

Do you have questions about whether you should consider filing a personal injury lawsuit after a car accident? Contact Costello, Mains & Silverman, LLC for a free consultation with a New Jersey personal injury lawyer.

Do I Have A Slip and Fall or Trip and Fall Case?

First, whose fault was the accident? If you fell on snow or ice that should have been removed or remediated because sufficient time had passed for the property owner to have reasonably done so, or if you have fallen in a dangerous condition which was either not obvious or hidden, such as uneven pavement, holes, or weak structure, or if you have slipped on something that has been on the floor long enough for the owner to have noticed the condition, then you have a good liability case for a slip or trip and fall. While you certainly are not relieved of your own responsibility to take care whenever you walk or move, we know how to establish both actual notice and/or “constructive” (or “legal”) notice.

The second question of course, relates to your injuries. The more serious your injuries, sometimes, the more willing the jury is to accept and understand the liability theory. Costello, Mains & Silverman, LLC has more than two decades of experience in the science and art of litigating slip and fall cases and establishing actual and constructive notice for dangerous conditions on both private and public property.

He holds a fourteen year old the record for the highest verdict in Cape May County history – 6.4 million – in such a case. Contact our New Jersey law office today if you think you have a slip or trip and fall case.

Do I Have a Medical Malpractice Case?

When a doctor, medical institution, or other medical provider fails to do what a “reasonably prudent” medical provider would have done in the same circumstances, and when this causes severe and permanent injury to you, then you have a case. But of course, that is not the end of the analysis.

Medical malpractice insurance companies fight like the devil’s own soldiers in trying to deflect and distract, and to defend their medical providers. They will do anything to make it appear as if someone else made the mistake, or that no mistake was made; it is just one of those “unlucky” consequences of practicing the imprecise science of medicine.

You need a law firm that understands not only the right experts to hire, but also whose attorneys and paralegals have the legal and medical knowledge and experience to separate the truth from the deflection, to spot the inconsistencies and irrationalities in the medical records, to cross-examine the medical professionals on their own turf, and to have the jury see clearly what was done to you.

Do I Have A Personal Injury Case?

Every case is different. We’ve attempted to provide answers to some common situations that may give rise to a personal injury claim. If you have questions about pursuing a person, professional or business that caused you injury, contact the New Jersey injury lawyers of Costello, Mains & Silverman, LLC for a free consultation.