Are you thinking about filing a personal injury lawsuit?
Do you think you should get compensation for an injury that is caused due to someone else’s negligence?
You need to file a personal injury claim in court. When it comes to filing a personal injury lawsuit, in order to get the compensation, you must ensure that you have a proper understanding and knowledge of the New Jersey personal injury law.
The rules and regulations will guide you about the timeline and other evidence you need for getting your claim. A New Jersey personal injury lawyer will also be able to guide you with the dos and don’ts you need to follow for your case.
Here, in this article, we will talk about New Jersey personal injury
Personal Injury Statute of Limitations In New Jersey
In case you have suffered from any type of injury or harm and are planning to file a civil lawsuit, every state has limitations around the time within which you need to file the civil lawsuit. On the basis of our case, the timeline differs.
The law that is responsible for setting the time limit is called the statute of limitations. The statute of limitation for personal injury claims in New Jersey is 2 years.
Within this time period of 2 years, the injured individual or their family member can go to court and file a lawsuit against the entity or person responsible for the damage. The time counting usually starts on the day when the accident has taken place and caused the injury.
In case you fail to file the lawsuit within the statute of limitation, the court system of New Jersey will refuse to hear your case and also, and your right to compensation will be lost. However, there can be some exceptions that can extend the deadline.
You will find the New Jersey Statute of limitation for all personal injury cases in New Jersey Revised Statutes section 2A:14- 2.
Here, you also remember in case you are filing an injury claim against any local or state government body in New Jersey; you must play by a distinct set of regulations and rules. It involves a shorter filing period.
The best way to get proper guidance and help regarding this is by contacting a New Jersey personal injury lawyer with significant experience with New Jersey personal injury laws.
At the same time, you are also required to keep in mind that the statute of limitation we have mentioned is applicable to most of the cases, but still, they are not for every personal injury case.
All those lawsuits over medical malpractice injury cases have a particular statute of limitations in New Jersey, just like most other states. In order to get complete knowledge, you need to go through the New Jersey medical malpractice laws.
The Comparative Negligence Rule New Jersey
In some personal injury cases, the party you are trying hard to hold responsible for your damage or injuries might claim that you are the person actually to blame or at least partially responsible for the accident.
In case you really share the fault of the accident up to a certain level. It will surely affect the total compensation amount you are supposed to get. When it is a shared fault injury case, the New Jersey personal injury law follows a “modified comparative negligence rule.”
It means that in case your personal injury case goes to trial, the particular compensation amount that you are supposed to get will get reduced to a specific amount, which is equal to the percentage of your fault for the accident.
However, in case it is found that you hold more than 50% responsibility for the accident or the legal blame, you will not get anything from the at-fault parties. Let’s understand this legal restriction with an example.
Suppose you are rear-ended at a spotlight, and one of your 3 brake lights was not working at all during the time of the accident. Now, in a civil lawsuit, the jury makes a decision that you are 15% at fault for the particular accident, and thus the other driver is 85% to blame.
Now in case your damages are up to $10,000, you will get a compensation of $8,500 because a 15% will be deducted due to your fault percentage.
Get A Lawyer!
So, that’s all the essentials you should know about the New Jersey personal injury lawsuit. In case you have any doubt, feel free to contact us; we will come up with a solution as soon as possible.
In case you are going to claim your New Jersey personal injury claim, it is best to opt for an attorney.