Personal Injury

Life happens all over the place, and it can get messy. With millions upon millions of Americans heading out every morning to conquer the day, a lot can happen. We are pioneers of business and innovation. We are master creators of great architectural construction. We proudly assemble the products and distribute them all across our great country. We take care of the children. We prepare and serve food to millions of hungry workers. We provide the rides and transportation. In short, America works. And while all this working is going on, it’s a foregone conclusion that accidents and injuries are bound to happen, and they do.

And when they do, first and foremost we need assistance from the great medical and healthcare personnel who can attend to our injuries, but that’s not all we need. We also need legal assistance. It would be nice if everyone, and every insurance company, simply owned up to their responsibility and compensated every person who was ever injured due to negligence, but that’s, unfortunately, not the world in which we live. Of course, there are many responsible people and good companies who enthusiastically step up to the plate and take responsibility, compensating for injuries that occurred due to their, or their employees, negligence. But, well, that is not always the case. Many times the negligent party or their insurance company will refuse to acknowledge their negligence, or offer a compensation settlement that is inadequate or just plain laughable. For these reasons, any time you are injured you absolutely must contact an experienced Flemington, NJ personal injury attorney to help you with your claim and case, and thus ensure that you will not be forgotten, ignored, or treated unfairly. At Bornstein Legal, LLC, we take pride in helping our clients receive the absolute maximum compensation for all their injuries. And we take into account not only your medical costs today, but compensation you deserve for any losses that may come in the future as well, due to your injuries.

At Bornstein Legal, LLC, we have achieved a stellar reputation with clients because we not only win cases, but we offer personalized service that you won’t get at many other firms. We care about every client who walks through our door, and when you work with us you’ll get top quality service, no matter if you’re filing a tiny claim, or seeking to file a multi-million-dollar class action lawsuit against a Fortune 500 company. When you work with us, you get respect, and every case we take on is a top priority.

Accident Compensation

You may be entitled to receive compensation regardless of whether your accident occurs during the course of employment or during your off hours, if the accident was caused by the negligence of another person. Examples of such negligence claims include: motor vehicle accidents, slip and fall accidents, injuries caused by a dangerous product, negligent security resulting in a criminal assault, and negligent supervision. These claims may be filed either in the state(s) where the respective parties reside, or where the accident occurred. If you are contacted by the other party’s insurance carrier following an accident, and that carrier wishes to negotiate a settlement for personal injuries, you should call a qualified, experienced Flemington, NJ personal injury attorney prior to signing any Release Agreement. With regard to motor vehicle accidents, you should immediately report the accident to your own insurance carrier and personal injury attorney in Flemington, NJ, in order to obtain coverage for your medical bills and any damage to your vehicle.

If the accident did occur at the workplace, you may have two possible claims — a negligence claim, in addition to a workers’ compensation claim. In general, an employee cannot file a claim for negligence against his employer. However, if you are injured during the course of your employment, and the accident was caused by a third party unrelated to your employer, you may sue that third party for negligence, in addition to collecting workers’ compensation benefits. The workers’ compensation carrier will have a ‘lien’ on your third party claim, for any benefits it paid out to you. If negligence was clearly committed, it should be noted that the compensation available in a third party claim is generally more generous than the benefits allowed through the workers’ compensation system. Accordingly, both claims should be pursued if possible.

Why You Need a Lawyer

If you have been injured by someone’s negligence, we don’t believe you should hire a personal injury attorney simply because they offer a “free consultation” or “no fee if no recovery.” All personal injury attorneys in Flemington, NJ do that! We believe the best way we can help is by providing valuable information and education about these complex legal and compensation issues.

Essentials of NJ Personal Injury Cases

In any personal injury or wrongful death case in New Jersey, the injured person, or plaintiff, must prove that the carelessness or negligence of another caused the injury or injuries. In New Jersey, negligence on the part of the plaintiff that is greater than 50% will bar any recovery under the legal doctrine of comparative negligence.

Expert testimony may be necessary to prove some parts of your claim. Expert medical testimony is generally needed to prove the extent of your physical injury or injuries and the connection of any medical bills to the defendant’s negligence. Expert testimony is also necessary to prove any other issues that are beyond the general knowledge of jurors, such as the extent your ability to earn a living has been impaired.

Entering The Battlefield

The day you were injured you entered a war zone. Insurance companies have declared war on injured people and their attorneys. Some of them write letters to claimants to discourage them from seeking legal representation. They have waged the war in the media and their propaganda has had a tremendous effect on juries and their verdicts. As a result of the success that insurance companies have had in tainting the minds of jurors, often they will not offer a fair settlement until you prove to them that you are ready, willing, and able to go to trial. Therefore, you need an expert personal injury attorney in Flemington, NJ who can help you against all those outside forces.

In most cases today, attempting to negotiate with the insurance company before filing suit is not even a worthwhile endeavor.

Insurance companies use pre-suit negotiation to learn as much about you, your lawyer, and your doctor as they can. Precious time is often wasted attempting to negotiate with the insurance company before filing suit. If we accept your accident case it is because we believe it is meritorious. We will usually file your lawsuit early in the negotiation process so if negotiations were to break down we will already have a trial date in place.

In New Jersey there is a two-year statute of limitations for personal injury claims. This means that your lawsuit must be filed within two years of the date of your accident or you cannot recovery any compensation for your injuries. It is a dangerous practice to wait until the statute of limitations is almost expired to file suit. We have seen other personal injury attorneys do this only to find that the defendant they sued is either not the correct defendant or is now blaming someone else. While there are legitimate reasons for delaying filing suit, there is no excuse for waiting until the last moment to see if the insurance company will settle your case, a practice some attorneys routinely engage in.

Once the lawsuit is filed, both sides engage in the legal process called discovery. Each party is allowed to investigate what the other side is going to say at trial. The defendant will be permitted access to your medical and work history, including your income records. You must give a deposition under oath and you may be required to submit to a medical examination by a physician of the defendant’s choosing.

The defendant is also subject to discovery. He or she will answer written and oral questions about his or her own background and will have to give sworn testimony about the incident at issue.

Types Of Accident Cases We Handle:

We handle a wide variety of accident cases, such as car accidents, truck accidents, pedestrian accidents, motorcycle accidents, bicycle accidents, slip and fall/trip and fall accidents, construction accidents, swimming pool accidents, injuries to children, dog bite/animal attack cases, and wrongful death.

Types Of Injury Cases We Handle:

Additionally, we handle a wide variety of injury cases also, such as all the various types of traumatic orthopedic, neurological, and other catastrophic injuries, including traumatic brain injuries, burn injuries, as well as injuries to the spinal cord (neck & back), shoulders, arms, legs, hands, and feet.

We have helped our clients obtain compensation for injuries requiring brain surgery; lumbar and cervical laminectomies; lumbar and cervical fusions; arthroscopic and open shoulder surgery for rotator cuff tears, impingement syndrome, tendonitis, and bursitis; leg/knee injuries, including tears of the medial meniscus, lateral meniscus, ACL, collateral ligaments, fractured tibia, and fractured fibula, requiring open reduction/internal fixation; arm/elbow injuries, including fractured ulna and radial head, torn ligaments and tendons; hand injuries, including carpal tunnel syndrome, fractures, torn ligaments and tendons; foot injuries, including ankle fractures, torn ligaments and tendons, and tarsal tunnel syndrome. When you need a personal injury attorney in Flemington, NJ, call us.