Accidents happen. In the case that the accident causes injury, a victim deserves the right to rest with complete focus on healing, and not be concerned with the finances of the accident or recovery. A personal injury lawsuit can support the victim of an accident in just this way.
Call our office today to schedule a free and confidential consultation with our legal team regarding any kind of accident or injury and how we may be able to help you and your family to recover full and fair compensation.
Common Types of Personal Injury Lawsuits
Common types of personal injury lawsuits include car accidents, medical malpractice cases, faulty products that cause harm, cases of a victim slipping and falling, animal bites, negligence caused by a motorist, and libel or defamation, among others.
Personal injury cases in the state of New Jersey are tried by the New Jersey Civil Division. With few exceptions, they are determined based on four factors:
Medical Expenses
This includes all expenses directly related to the injury, past, present, and future. In the case that medical expenses will be ongoing, a personal injury lawsuit determines the estimated cost.
Pain and Suffering
This calculation is also made, though it is often more subjective. It includes psychological support from a professional as well.
Out-of-Pocket Costs
After an injury, a victim may have to pay upfront for a number of things that directly support life with an injury. A personal injury claim considers these expenses.
Lost Income
Many times a victim is forced to take a leave from work during recovery, leading to a loss of income. Lost income to date, as well as estimated future income loss, is calculated.
All four of these factors are calculated to determine the size of the plaintiff’s claim.
In the world of personal injury law, most attorneys only charge for their services once a claim has been satisfactorily settled. Because of the fact that they work on a contingency basis, generally, personal injury lawyers take only the cases they are likely to win.
Time Limits & Shared Fault When Filing a Personal Injury Claim in NJ
Under New Jersey law Revised Statutes section 2A:14-2, the time limit to file a personal injury claim in the civil court is two years. After two years from the original injury, the courts will likely not hear a plaintiff’s claim, unless there is an extenuating circumstance.
New Jersey also has shared fault laws. Under these laws, if a claimant is found to be partially responsible for the accident, the total monetary claim will be reduced by the percentage of fault the jury finds them to hold in the accident. If found to be over 50 percent responsible for the accident, the plaintiff loses legal rights to a monetary settlement.
In the case that a person is injured due to the fault of a New Jersey state governmental agency or employee, there is a separate process for filing personal injury claims. Within three months of the accident, a claim must be filed with the New Jersey government. Then, if the government has not been in contact to settle the claim, one must wait six months to file a personal injury claim. In this case, as in all, a claim must be filed within the two-year window in order to be honored by the civil court system.
Our West Long Branch, NJ law firm is here to help protect your best interests
Accidents that cause injury and require a personal injury lawsuit are stressful both on body and mind. A personal injury lawyer is skilled in ensuring that a claimant receives the highest possible settlement that considers all angles of personal, physical, and financial distress caused by the accident.
Our experienced team of attorneys can provide information and support in your personal injury claim, so you can focus on healing. Call our office today at (732) 440-3950 to schedule an initial consultation today; we look forward to supporting you in the counties of Monmouth, Ocean, and Middlesex Counties. You can also visit our website to fill out an online form.