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New Jersey’s personal injury system can be complex and confusing without the right legal knowledge. What follows is an overview of the key points you need to know about personal injury in New Jersey, and why an experienced New Jersey personal injury attorney is ideally positioned to guide you through pursuing a personal injury claim.
In New Jersey, the courts handle a diverse range of personal injury cases, with automobile accident claims leading the pack. These cases arise from collisions and crashes involving cars, motorcycles, trucks, and other vehicles, often resulting in significant injuries and complex legal claims.
In addition to auto accidents, New Jersey courts frequently see cases involving:
New Jersey’s no-fault insurance system plays a pivotal role in personal injury cases resulting from car accidents. Under the state’s “PIP/No-Fault” statute, N.J.S.A. 39:6A-1, et seq, an accident victim’s own auto insurance coverage will pay for their medical treatment and certain other expenses, regardless of who caused the accident. This no-fault rule aims to reduce the number of lawsuits filed over minor car accidents, ensuring that everyone involved receives medical care without the immediate need to establish fault.
New Jersey law allows accident victims to step outside the no-fault system and file a lawsuit against the at-fault driver if their injuries meet certain thresholds, such as significant disfigurement, significant scarring, displaced fractures, or a permanent injury.
Understanding this system is crucial for anyone involved in a car accident in New Jersey, as it adds another layer of complexities to these claims and makes it vital to consult with a knowledgeable personal injury attorney in New Jersey.
Personal Injury Protection (PIP) is an integral aspect of New Jersey’s no-fault system. PIP is a type of insurance coverage designed to ensure that anyone injured in a car accident can access medical treatment and cover certain other losses without having to prove fault.
In New Jersey, all drivers are required to carry a minimum of $15,000 per person, per accident in PIP coverage as part of their auto insurance policy. However, policyholders can choose higher limits of PIP coverage for better protection.
New Jersey offers a unique choice for drivers when selecting their auto insurance policy—namely, the “tort threshold” option, also known as the “verbal threshold.” This option allows policyholders to pay lower premiums (as much as 50% lower), in exchange for only being able to sue for non-economic damages if their injuries meet specific statutory criteria, such as death, significant disfigurement, or permanent injury.
Choosing the “tort threshold” option does not affect an individual’s ability to sue for economic losses, such as medical expenses and lost wages; it only affects suits for non-economic damages like pain and suffering. Understanding this option is essential for anyone involved in a car accident claim in New Jersey, as it can significantly influence an injured party’s legal rights after a car accident.
To establish a successful personal injury case in New Jersey, the plaintiff must demonstrate negligence on the part of the defendant. The burden of proof is by preponderance of the evidence. The evidence required to prove negligence in a personal injury case typically includes things like:
Defendants in personal injury cases often employ several legal defenses to challenge claims. Here are some of the most common ones:
New Jersey’s comparative negligence rule can decrease your compensation if you are found partly at fault for the incident. Notably, if you are more than 50% responsible, you may not be eligible to receive any damages as outlined in N.J.S.A. § 2A:15-5.1.
The defendant might claim that you voluntarily engaged in an activity knowing the risks involved.
The defendant may argue that you did not file the lawsuit within the legal time frame.
Often, a defendant will dispute liability by claiming that they did not cause the incident that led to your injuries.
An experienced New Jersey personal injury attorney will anticipate these defenses and take proactive steps to address them. For example, your attorney can:
This guidance underscores the necessity of having a knowledgeable personal injury attorney to protect your rights and enhance your chances of securing a fair settlement.
In New Jersey, the statute of limitations sets a deadline for filing a personal injury lawsuit in court. An injured party generally has two years from the date of the injury to initiate legal proceedings against those responsible.
However, there are exceptions to this rule that can lengthen or shorten this deadline, such as claims against a government entity, which may require different procedures and tighter deadlines.
Understanding and adhering to the statute of limitations is vital to a personal injury case, as failing to file a lawsuit within this period can result in the plaintiff losing the right to have their case heard, regardless of its merits.
A personal injury case can be resolved in several ways in New Jersey:
The overwhelming majority of personal injury cases are settled out of court between the parties involved. This can occur at any stage of the process, often facilitated by negotiation between the lawyers involved.
Some cases go through alternative dispute resolution methods, which are less formal than a trial and can provide a quicker resolution.
If a settlement cannot be reached, the case may go to trial where a judge or jury will determine the outcome based on the evidence presented.
Understanding each of these processes is crucial for anyone involved in a personal injury case, as it helps set realistic expectations and prepare adequately for the steps ahead.
The compensation sought in a personal injury case in New Jersey can cover a wide range of losses incurred by the plaintiff, including but not limited to:
Medical Expenses
Lost Wages
Pain and Suffering
Property Damage
Scarring and disfigurement
Funeral and Burial costs (wrongful death claims)
Punitive Damages (in cases of egregious wrongdoing)
A skilled New Jersey personal injury attorney can significantly influence the outcome of your personal injury case. An experienced attorney can help deal with the various legal complexities, negotiate on your behalf to achieve a satisfactory settlement, or represent your interest in court.
Contact New Jersey Personal Injury Attorney Leon Matchin for help achieving a favorable resolution to your New Jersey personal injury case.
Contact New Jersey Personal Injury Attorney Leon Matchin for help achieving a favorable resolution to your New Jersey personal injury case.