When people are injured in an accident, others always think about whether or not they have a case. However, a lack of information on your rights can make it hard for you to file a personal injury lawsuit.
Filing a lawsuit is a process that involves complex procedures. If you have never filed a lawsuit against someone, you might find the whole process overwhelming, especially when living in New Jersey.
While every state has different rules and regulations to follow, New Jersey might have the most complex rules to follow.
In New Jersey, victims must follow specific instructions to file a personal injury lawsuit.
Seeing how people of New Jersey are still afraid of filing personal injury lawsuits against the other party, we have come up with the following information to make you understand the whole process.
We will take you through some of the key information to help with the knowledge you need to make filing a personal injury lawsuit easy.
Statute Of Limitation In New Jersey
A statute of limitation is the time limit between which you are allowed to file a lawsuit against someone. If the time is passed, no matter who is guilty, the court will not entertain any litigation against anyone.
All states have ‘Statute Of Limitation’ or time limits when a personal injury victim can file a lawsuit. The only reason the Statute Of limitation is placed is to ensure smooth filing of any lawsuit.
As we talk about New Jersey in this article, it will be two years. These two years are counted from the date of the accidents or discovery of the injury.
Here is the list of ‘Statute Of Limitation’ for other types of claims in New Jersey are as follows:
- Wrongful Death – 2 Years from the date of the death.
- Fraud – 6 Years.
- Product Liability – 2 Years.
- Property Damage – 6 Years.
- Medical Malpractice – 2 Years.
Note: the date of your accident and the date of discovery might not be the same. There are some injuries that are delayed, and you realize about them only a couple of weeks later.
Now that you know that there is a legal structure between which you can file your claim. That means, that if they miss the time, you will lose your right to file the claim.
Injuries You Can Sue For
When discussing claiming personal injury, almost every injury can fall into personal injury depending on how it has been induced.
Here is a small list of injuries you can sue for.
- Slip and fall accidents.
- Medical malpractice.
- Dog bites.
- Wrongful death.
- Birth injuries.
- Defective products.
- Traumatic brain injury.
- Bicycle accidents.
- Car accident.
- Pedestrian accident.
New Jersey Negligence Law
To discover whether or not you have any case, you need to understand New Jersey Negligence Law.
The basis of any personal injury accident suit is Negligence. Therefore, you must prove the defendant was negligent and avoided their duty of care towards you to prove your case.
While other states follow the Negligence law proposed by federal law, New Jersey has a ‘modified comparative negligence law. According to this law, if a person is guilty of more than 50%, they lose their right to recover from damages.
So, if you are filing a personal injury lawsuit in New Jersey, you just need to prove that the other party was more at fault than you for your injuries.
Compensation For New Jersey Personal Injury Lawsuit
Compensation in New Jersey is in the form of damage. It means that claimants will be rewarded with all the damages accrued after the accident. This also includes all the expenses that were done to fight the case.
Now the compensation for the damages will vary depending on the individual cases and the type of damages that are available in the case.
According to the New Jersey laws, injuries that permit the victims to file for compensation are as follows.
- All the medical expenses.
- Lost wages.
- Household expenses.
- Wrongful death damages.
- Punitive damages.
- Mental anguish.
- Compensation for pain and suffering.
Reach Out To Your Attorney TODAY!
It is possible that you might be well versed in New Jersey law and feel confident in representing yourself in the courtroom. However, there is a possibility that you might have to face off with a professional lawyer who has real-life experience in dealing with such cases.
In that case, instead of going all alone, you must hire a professional personal injury lawyer. This will give you a better chance to win your claim.