Should I File a Personal Injury Claim or a Workers’ Compensation Claim?

Personal injury claims and workers’ compensation claims attorneys with offices in East Brunswick and Trenton NJ

Should I File a Personal Injury Claim or a Workers' Compensation Claim?At Kamensky Cohen & Riechelson, we have successfully helped many clients to pursue both personal injury claims as well as workers’ compensation claims in Trenton, Princeton, Hamilton, and the greater Mercer County area.

It is important for our clients to understand both the similarities and differences between personal injury claims and workers’ compensation claims, as they are pursued in very different manners, and have very different compensation structures. Let’s take a closer look.

What Qualifies as a Mercer County Personal Injury Claim?

The biggest difference between personal injury claims and workers’ compensation claims is what circumstances qualify for either claim. That is to say, in any personal injury case like a car accident, construction accident, a slip and fall, or a truck accident for examples, the plaintiff (you) and their Mercer County personal injury attorney need to prove that another party’s reckless or negligent actions were responsible for your injuries. Just because you were injured in a car accident doesn’t necessarily mean you have a personal injury case, you need to prove that the other driver(s) hold the majority of fault for your accident.

What Qualifies as a Mercer County Workers’ Compensation Claim?

On the other hand, in order to file and receive compensation in a workers’ compensation claim, you do not need to prove fault of any kind. In fact, even if your actions directly lead to your injuries, as long as you were performing work-related duties, you and your Trenton workers’ compensation lawyer can file for a Mercer County workers’ compensation claim.

The Difference in Compensation for Personal Injury and Workers’ Compensation Claims

Besides the requirements for proving fault (or in the case of workers’ compensation not needing to prove any fault), workers’ compensation awards and personal injury awards have one major difference. In both cases, you can receive monetary compensation for any medical expenses associated with your injuries, as well as lost wages or future income. The major difference in terms of compensation for a workers’ comp case and a personal injury case is compensation for pain and suffering. Pain and suffering generally make up the largest portion of personal injury recovery, but cannot be recovered in the case of a workers’ compensation claim.

The other major difference is the time and effort involved with both. Personal injury claims can often take more than a year to negotiate and eventually resolve, while with the help of an experienced Trenton workers’ compensation attorney, you can usually resolve your workers’ compensation case in a matter of months.

Should I file for Personal Injury or Workers Compensation? Mercer County Attorney Discusses

There is no easy answer to this question. Each case is unique, with many different factors to consider. Can you prove fault? Can you afford to wait the time it will take to resolve a personal injury claim, or is the time worth the potential recovery of pain and suffering damages?

There are many different factors to consider, and your best option is to speak with an experienced Mercer County injury attorney who can discuss your options, likely outcomes, and advise you which course of action may be favorable in your case.

Contact a Princeton Personal Injury and Workers’ Compensation Attorney Today

Whether you ultimately decide to pursue a personal injury or workers’ compensation claim, it is extremely important that you retain experienced legal counsel in order to help you navigate the process, protect your rights, and help you secure the best possible resolution for your case.

The Trenton Law Office of Kamensky Cohen & Riechelson has been defending personal injury and workers’ compensation clients since 1972. We have a proven track record of success when it comes to giving honest and professional legal advice, and securing the compensation that our clients need and deserve.

To speak with one of our attorneys today in a free and confidential consultation regarding either a personal injury claim or a workers’ compensation claim, please contact us online or through our Trenton office at 609.528.2596.

What Settlement Offer Can I Expect for Pain and Suffering?

Personal Injury claims seek to recover compensation for three main factors; the victim’s medical expenses lost income and wages, and their pain and suffering.

What Settlement Offer Can I Expect for Pain and Suffering?For short-term injuries such as a broken arm, calculating your medical expenses and lost income can be fairly straightforward. Simply add up the costs of your medical bills, and the amount of time you have missed from work multiplied by your expected salary, and you have a pretty accurate idea of how much compensation to seek and expect in these areas.

For more serious injuries with longer-lasting consequences, calculating medical expenses and lost income becomes a bit more difficult, and is an area where having an experienced Mercer County personal injury attorney to assist you can be of great benefit. Not only will you wish to recover compensation for your medical expenses to-date, but serious injuries often require on-going medical treatment and rehabilitation which will need to be accurately estimated, something your attorney will have experience doing. The same goes for lost income, if your injuries prevent you from continuing in your previous line of employment, you will need to calculate exactly how much you may have earned given a lifetime of employment, including bonuses and promotions.

How Do Insurance Companies Calculate Pain and Suffering Compensation?

When it comes to pain and suffering however, calculations become quite a bit vaguer. How does one express exactly the pain their injuries have caused them, and then translate those feelings into a monetary number? Most insurance companies use a similar method when calculating what to offer in terms of pain and suffering for a given injury, and while you and your Mercer County injury lawyer may not immediately accept that offer, it is important to understand how the insurance company is arriving at that number, or what kind of offer you should expect for a given injury.

When it comes to pain and suffering, insurance companies will make their compensation offer based on whether or not the injury in question was a soft-tissue injury or a hard injury.

Soft Tissue Injury Compensation Mercer County Personal Injury Lawsuits

Soft tissue injuries are generally less severe, non-life-threatening, and not permanent. Common examples of soft tissue injuries are bruises, strains, and sprains. While certainly these injuries can be more painful for some people than others or cause more difficulty in some lives than others, insurance companies generally will offer between one to three times the value of your medical expenses like pain and suffering compensation.

Hard Injury Compensation Trenton Injury Attorneys

Hard injuries are generally much more serious injuries than soft tissue injuries. Hard injuries often require invasive methods to assess and treat, and can often cause long-term or permanent difficulties and pain to the victim. Some common hard injuries are broken bones, serious wounds that require transfusion or stitching, head, and brain injuries, and spinal cord injuries.

Due to the more serious nature of hard injuries, and the greater level of medical attention required, insurance companies will usually offer somewhere between four to five times the value of medical expenses as pain and suffering compensation.

Recovering Pain and Suffering Damages in a Personal Injury Case NJ

Recovering Pain and Suffering Damages in a Personal Injury Case NJWhile insurance companies do have these rough guidelines for offering pain and suffering damages in personal injury cases, in order to recover the compensation you need and deserve it is important to retain the counsel of an experienced Mercer County personal injury attorney. Many times insurance companies will try to devalue the full extent of the nature of your injuries, claim you were partially responsible and as such not entitled to full compensation, or even dispute the connection between your accident and the injuries you have suffered. An experienced personal injury attorney will understand how to combat these various tactics, and present a strong case on your behalf backed by expert consultants, detailed investigation and research, and effective presentation to courts and juries alike.

Contact Our Mercer County Personal Injury Attorneys Today

At Kamensky Cohen & Riechelson, our personal injury attorneys have a history of success when it comes to helping clients injured in accidents across Princeton, Trenton, Hamilton, Lawrence, and the greater Mercer County area.

Our goal in any personal injury case is to provide personal and attentive service to our clients, and secure them the compensation they need and deserve for injuries resulting from car accidents, truck accidents, motorcycle accidents, construction accidents, slip and falls, ladder and scaffolding accidents, and more.

If you have been injured as the result of the reckless or negligent actions of another, contact our firm today to discuss your options in a free and confidential consultation. To schedule your consultation, please contact us online. or through our Trenton, NJ office at 609.528.2596.

The Importance of a Truck and Commercial Vehicle Accident Attorney in NJ

Motor Vehicle Accident Attorneys Serving Clients with Truck Accident-Related cases in Princeton, Ewing, Hamilton, Pennington and across Mercer County, NJ

Why You Need A Truck and Commercial Vehicle Accident AttorneyAccording to the Advocates for Highway and Auto Safety, truck accident deaths continue to increase dramatically each year.  Since 2009, truck accident-related fatalities have risen by 41 percent, a statistic that would not be tolerated in any other industry.

Truck accidents are among the most serious motor vehicle accidents in New Jersey (NJ) and Pennsylvania (PA), especially since these roads are frequently packed with commercial trucks transporting large loads or cargo. When careless truck drivers and poorly maintained trucks enter our streets and highways, they can cause catastrophic injuries and property damage. In the worst cases, commercial vehicle accidents can result in wrongful death.

Kamensky Cohen & Riechelson is a New Jersey law firm that assists clients with personal injury claims throughout both New Jersey and Pennsylvania. We know what it takes to win a commercial vehicle and truck accident case. Our litigation team has achieved successful verdicts and settlements for pedestrians and joggers, motorcyclists, bicyclists, and other motorists injured in commercial vehicle-related accidents throughout Mercer County, NJ, including Princeton, Hopewell, and West Windsor. We are here to offer you experienced advice and strong advocacy because we are sensitive to clients’ needs and we believe that every client deserves personalized attention.

Call KCR (609) 528-2596 or visit our website now to speak with one of our experienced personal injury attorneys and explore your legal options.

Common Causes of Truck Accidents in Mercer and Middlesex County, NJ

A significant number of truck accidents in NJ and PA involve 10,000-pound business or commercial vehicles, which contribute to interstate commerce.

Commercial vehicles are governed by a complex set of federal and state regulations that require truck drivers and truck companies to meet certain requirements in order to operate a commercial vehicle on an NJ or PA roadway. When these parties fail to meet their legal obligations, their negligence can result in devastating damage to life and property, and life-changing, catastrophic personal injury.

Significant accident causes that can result in you filing a truck accident personal injury claim:

Common Causes of Truck Accidents in Trenton County, NJ

Some truck accident cases also involve workers’ compensation claims. That’s why you should make sure that your attorney has a background in personal injury law and workers’ compensation law.

Reasons to Consult a Truck Accident Lawyer to Fight for Your Cause

You need to know if other people, apart from the truck driver, are also accountable. The average commercial vehicle or truck accident case can involve multiple parties (i.e., truck operator, trucking firm, the truck owner, and manufacturer of the truck or truck components).

A truck accident lawyer can shoulder the responsibility and allow you to recover from your injuries in peace. If more than one person is at fault, you’re entitled to name them when you file a  personal injury compensation claim.

It’s important to gather as many facts as possible if you’re planning to file a compensation claim in a truck accident. The personal injury lawyers at Kamensky Cohen & Riechelson will fight to get you maximum compensation for your truck accident injuries by:

  • helping you understand your rights
  • guiding you through the complicated legal process
  • keeping your medical records and bills organized and staying up to date on your medical care
  • investigating and gathering evidence identifying the parties responsible whose negligence may have indirectly led to your accident
  • handling complicated negotiations with the insurance companies who may try to decrease your claims
  • building a strong case to help you secure the settlement that satisfies your demands and what you deserve.

Mercer County Insurance Coverage & Truck Accident Injury Claims Lawyers

Mercer County Insurance Coverage & Truck Accident Injury Claims Lawyers

Any truck used for business must carry commercial auto insurance. Commercial policies have higher coverage limits than passenger cars. According to the New Jersey Department of Banking and Insurance, commercial vehicles are usually covered by policies with $1,000,000 or more in liability coverage. These higher policy limits mean not having to worry about there not being enough coverage for your claim. We are committed to helping you obtain the maximum compensation for your losses.

You should never let an insurance company discourage you from exercising your legal rights and pursuing fair compensation for your injuries. If you are recovering from a personal injury, you need to maximize your recovery to ensure you have the money to pay your bills and rebuild your life. Our resourceful attorneys understand this and will fight for every penny you deserve.

We thoroughly prepare every case for trial so the insurance company knows they must treat our client fairly. Insurance companies throughout New Jersey and Pennsylvania understand that we are tenacious litigants who won’t back down from a fight in the courtroom, so they tend to be willing to negotiate with us and give our clients the compensation they deserve.

You can fill out the online contact form to schedule a meeting at our offices in Trenton New Jersey or contact our Mercer County offices today at (215) 337-4915 to learn more about how our Auto Accident/Personal Injury team and how we can assist you.