Personal Injury Law in New Jersey

Were you hurt due to another’s negligence in New Jersey? If so, it may have far-reaching consequences such as a loss of wages or extensive medical treatment. Personal injury law allows an injured person to get damages if the responsible person acted recklessly. A personal injury attorney in New Jersey can help navigate the lawsuit to make sure you receive all of the compensation you deserve.

What Is Personal Injury Law?

Personal injury law in New Jersey relates to the legal process of getting compensation for an injury caused by someone else’s negligent behavior. These cases involve one party, the plaintiff, trying to seek financial compensation for expenses incurred and money lost as a result of the defendant’s reckless behavior. These cases involve both parties’ insurance companies and may even settle before proceeding to litigation.

Examples of Personal Injury Claims in  New Jersey

Some personal injury claims are more common than others. However, almost any incident that ends with a physical or mental injury could qualify, depending on the circumstances.

A few of the most common personal injury claims are:

  • Car Accidents
  • Slip and Fall
  • Dog Bites
  • Medical Malpractice
  • Workplace Accidents
  • Burn Injuries

Most Common Injuries in New Jersey 

According to the New Jersey State Health Assessment Data, New Jersey had a lower workplace related injury rate than the U.S. average. About 2,600 out of 100,000 workers experienced injuries or illnesses in New Jersey in 2017. Leading causes for injury hospitalizations in the state were falls, and motor vehicle accidents.

Steps in a Personal Injury Lawsuit in New Jersey

Once you determine that you wish to proceed forward with a personal injury action in New Jersey

A lawsuit begins when a complaint is filed with the court and served on the defendant. The complaint alleges your assertion as the plaintiff that the defendant’s negligent behavior resulted in damage to your body or mental state. As the process proceeds forward, you may have to go through depositions, independent medical evaluations and document production. This discovery process is lengthy and ends in either settlement or a court appearance.

If an acceptable pre-suit settlement offer is not made, all New Jersey lawsuits begin with the filing of a complaint. The defendant will then answer the complaint triggering either a settlement, or the beginning of the discovery process. An arbitrator or neutral party will then prepare an award and if it is not accepted, you will then head to trial.

New Jersey Personal Injury Settlement

With most personal injury cases, insurance companies and injured parties prefer settlement negotiations rather than going to court for a trial. You may wonder how much you should seek in your settlement and factors that impact the final amount.

The New Jersey Law Journal has compiled a list of the states top 20 settlements for 2019 and 2020. The largest top 20 settlement amount was a staggering $125 MILLION for a personal injury case. The smallest “top” settlement amounted to nearly $3.55 Million. Of course, these cases are the most extreme scenarios. In fact, most personal injury cases settle outside of court, or settle anywhere between $3,000 and $75,000 on average across the country.

If the other party has insurance, the insurance company likely wants to settle out of court to avoid leaving the final settlement decision to a jury. Settlements benefit injured parties as much as they do insurance companies. This is because accepting a settlement means you receive compensation sooner rather than later. Also, by going to court in NJ, that means you risk not receiving any compensation at all.

Damage Awards in New Jersey

If your New Jersey personal injury lawsuit goes before a judge or jury, your legal team will be ready with a request for damages. In personal injury cases, there are three types of damage awards a court may order the defendant to pay to compensate you for the damage he or she inflicted.

Special compensatory damages reimburse you for things such as lost income, medical bills and insurance deductibles. You submit receipts proving these losses.

General compensatory damages are subjective. If you receive special compensatory damages, you may also collect general damages. If your injury was particularly painful, you might request that the judge order the defendant compensate you for the pain and anguish.

Punitive damages are the most rarely awarded and are up to the court. The judge or jury may determine that the defendant’s negligence was particularly heinous and the resulting injury to you was equally horrific. 

New Jersey has only implemented damage caps on punitive damages. They are capped at $350,000 or 5 times the compensatory damages, whichever is greater.

Statute of Limitations in New Jersey Personal Injury Law?

The injured party may have a set amount of time to file suit for a personal injury case. State law establishes statutes of limitation. Commonly, the plaintiff’s injury or discovery of the injury begins the statute of limitations. However, the latter factor is trickier, as the plaintiff will have to prove when the injury was first realized.

The statute of limitations in New Jersey for personal injury cases gives an injured person two years to go to court and file a lawsuit against the person or entity responsible for their harm. This two years begins on the date of the occurrence of your injury.

We recommend you speak with a personal injury lawyer for this matter. Don’t wait too long and miss out on receiving the compensation you deserve for your injury. 

Work With an Experienced New Jersey Lawyer

Pursue a personal injury claim in New Jersey against the responsible person if you are dealing with an injury caused by someone else. One of our experienced lawyers can help you navigate your personal injury claim.  We can even help you connect with an attorney across New Jersey state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

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