Personal injury is the area of civil law that enables accident and injury victims to collect compensation from the person, business or government agency responsible for their injuries. If you’ve been hurt as a result of another party’s negligent, reckless or intentional behavior, you may be entitled to compensation (known as damages) under New Jersey’s personal injury laws. A Cherry Hill personal injury lawyer can review the specifics of your situation and help determine whether you have grounds, or cause, to file a lawsuit.
Where Do I File My Personal Injury Lawsuit?
Your personal injury lawsuit will be filed with the New Jersey Superior Court, which is a civil trial court that hears disputes between two parties. Your case can be filed with the county Superior Court where your accident occurred. Alternately, it can be filed in the county Superior Court where either you (known as the plaintiff) or the person or organization responsible for your injuries (known as the defendant) resides or is headquartered. If you live in Cherry Hill but your accident occurred in Pennsylvania, for example, you’ll need to hire a personal injury lawyer licensed to practice in Pennsylvania and will have to file the lawsuit in that state. (Some Cherry Hill personal injury attorneys are licensed to practice in both New Jersey and Pennsylvania.)
Damages in a New Jersey Personal Injury Lawsuit
If your lawsuit is successful, you will be entitled to damages, which are intended to compensate you for your injuries. Damages are separated into three categories:
- Economic damages: These damages compensate you for out-of-pocket expenses related to your accident or injuries. Economic damages can include lost wages, medical expenses, the cost of repairing or replacing damaged or destroyed property (for example, in the case of a motor vehicle accident), lost wages and other expenses. New Jersey sets no limit on the amount of economic damages you can receive.
- Non-economic damages: These damages compensate your for intangible losses, such as pain and suffering, and mental anguish that results from your accident. New Jersey sets no limit on the amount of non-economic damages you can receive.
- Punitive damages: Punitive damages are designed to punish defendant for egregious behavior that led to your injuries. Punitive damages are rarely awarded, and when they do, they’re capped at five times the amount of economic and non-economic damages, or $350,000, whichever is greater.
New Jersey applies what is know as a modified comparative negligence rule when calculating damages. In short: If you bear any of the blame for your accident, any damages you receive will be reduced in direct proportion to your share of responsibility for your injuries.
