If you’ve been injured and another person or company is to blame, then you may be able to file a personal injury lawsuit against them in New Jersey Superior Court. A Newark personal injury lawyer can guide you through the process, and help you get the compensation you deserve for your injuries and related expenses.
Types of New Jersey Personal Injury Lawsuits
Personal injury law is a type of civil law that covers accidents and injuries where another party is to blame. These can include:
- Animal bites
- Asbestos-related health conditions
- Catastrophic injuries
- Construction accidents
- Mesothelioma
- Motor vehicle accidents
- Medical malpractice and birth injuries
- Injuries caused by slip and falls
- Nursing home neglect and abuse
- Accidents caused by defective or dangerous products
The Basics of New Jersey Personal Injury Law
Before you file a personal injury lawsuit, here are some important details to know.
The injured person is known as the plaintiff and the party you’re suing — which can be one or more people, businesses or even government agencies — is known as the defendant.
To win your case, your Newark personal injury attorney must show:
- That the defendant had a legal obligation, known as a duty of care, to avoid hurting you
- The defendant violated that duty of care and you were injured as a result
- You suffered financial losses as a result of your injuries
You have two years from the date of your accident to file a lawsuit against the defendant. However, if the defendant is a New Jersey state government agency, your New Jersey personal injury lawyer must file a formal claim with the agency within 90 days of your injury and if you’re unable to reach an out-of-court settlement, then you’ll have to file a lawsuit within two years of the date of the accident. If you miss any of these filing deadlines — even by just one day — you’ll be barred from recovering any money in connection with your injuries.
New Jersey’s No-Fault Auto Insurance Laws
New Jersey has what is known as “no-fault” automobile insurance, which allows drivers to choose between purchasing no-fault auto insurance or traditional auto insurance. If you have no-fault insurance and you’ve been injured in car crash, your insurance company is required to compensate you for your losses, including the repair or replacement of your car as well as your medical bills. This is true regardless of who is to blame for your accident. However, if you suffer serious injuries and the other driver was to blame you may file a personal injury lawsuit against that driver.
