If you were injured due to the negligence of someone else, then you may decide to file a personal injury lawsuit. In New Jersey, victims must follow specific instructions on how to file a personal injury lawsuit. But do not worry, because the process of filing is straightforward and easy. The following information will help to navigate the legal system to receive compensation for damages, regardless of the situation in which injuries occurred.
In New Jersey, there is a Statute of Limitations for filing a personal injury lawsuit. A statute of limitations is a law that sets the maximum amount of time that parties involved in a dispute have to initiate legal proceedings. According to Section 2a-14-2, New Jersey only allows a victim to file a claim up to two years from the date of the accident or discovery of injury. A personal injury attorney will ensure all deadlines are met appropriately and timely.
The most common personal injury cases are as follows:
- Car accidents, including those involving motorcycles & trucks
- Dog bites
- Slip and fall accidents
- Bicycle accidents
- Pedestrian accidents
- Defective products
- Nursing home abuse
- Construction accidents
- Premises liability
To have a successful personal injury claim, there must be negligence. The plaintiff must prove the defendant owed a duty of care, negligently or intentionally breached that duty, and caused the plaintiff’s damages as a result. New Jersey is a “modified comparative negligence” state which means if the plaintiff is more than 50% at fault, he or she loses the right to recover damages.
The following steps should be taken when filing a personal injury lawsuit in New Jersey:
Consider the value of your case: When filing for a personal injury lawsuit, the victim must determine how much is owed by the offending party in terms of damages. Economic damages include medical bills, repair bills, loss wages, and other fiscal expenses. These payments are damages that can be calculated down to the penny as a direct result of the injury incurred. Non-economic damages include monetary compensation for emotional trauma, missed job opportunities as a result of the injury, pain, suffering, loss of quality of life, and other potential payments which cannot be directly calculated. To receive the maximum recovery, hiring a personal injury attorney may help.
Begin collecting evidence: To prove a defendant is at fault, there needs to be evidence. Photographs, videos, witness testimony, medical examinations, police reports, and legal documentation can all be evidence. There are four important elements in a personal injury incase: duty of care, breach of duty, causation, and damages.
Continue receiving medical care: It is very important for a victim to continue taking care of himself/herself. A victim’s well-being is always a top priority.
Consult with a personal injury attorney: A personal injury attorney can help evaluate the details of a case and provide professional insight into the legal process. A personal injury attorney will protect a victims rights and ensure all the proper documentations are submitted according to New Jersey’s specific timelines.
Protect your Rights: If you have been injured due to negligence, please contact Colacci Law Firm to discuss your case. According to a report conducted by the Insurance Research Council, settlements were 40% higher when claimants were represented by an attorney. Personal injury attorneys work on a contingency fee basis, meaning there is no legal fee unless the attorney recovers compensation for your injuries. Remember, the goal of the insurance company is to save money by giving you as little as possible. At Colacci Law Firm, we make sure our clients’ interests are represented to the fullest extent.