Your Trusted Resource for Personal Injury Attorneys in Passaic County New Jersey

The term is known as commonly used is the statute of limitations and can be reviewed here. The basic answer is two years in most New Jersey personal injury cases, there’s a two-year window to begin legal proceedings, typically starting from the date of the injury. However, certain situations might warrant an extension, giving an individual additional time to file. This timeframe applies to a range of cases, including but not limited to:

• Car accidents
• Premises liability claims involving hazardous properties
• Product liability cases related to dangerous or defective products
• Dog bite injuries
• Injuries resulting from assault and battery or false imprisonment
• Medical malpractice claims

There are other types of lawsuits where the statute limitations can be extended such as Wrongful Death. Wrongful Death cases can be filed two years after the date of death. If you have any questions about the statute of limitations on a personal injury case in New Jersey it is best to contact an attorney.

Absolutely. If someone sustains an injury due to the negligence of another party within the state’s jurisdiction, they are entitled by law to pursue compensation for their injuries, encompassing both physical and emotional harm. These compensatory measures, often referred to as “pain and suffering” compensation, serve to address the full scope of the individual’s suffering caused by the negligent actions of another.

We can break down pain and suffering into two different categories:

Physical Pain and Suffering:

Physical pain and suffering is the bodily harm sustained by a plaintiff due to an accident. This makes up the actual physical injuries incurred, including the pain associated with those injuries, as well as the bigger impact on the individual’s life, currently and in the future.

Mental Pain and Suffering:

Mental pain and suffering include the emotional distress experienced as a result of a defendant’s negligence. This can encompass several emotional states such as mental anguish, distress, anger, humiliation, fear, and shock, which may come about following an accident. Mental anguish includes any adverse emotional responses resulting from the defendant’s negligence.

In New Jersey, when determining damages for pain and suffering, a lawyer can’ suggest a specific amount to award the plaintiff. Instead, it is the jury job to determine the compensatory sum, considering a number of factors:

• The degree to which the injuries have changed or influenced the victim’s life.
• Any consequences the injuries have had on the plaintiff’s personal or job.
• The impact of the injuries on the injured mental and emotional state.
• How much the injury has affected the plaintiff’s daily activities, lifestyle, interests, relationships, sleep, and overall welfare.
• The lasting result of the injury on the plaintiff’s life.

In New Jersey, if can bypass the no-fault system to determine that the other driver was fully at fault for your car accident, the usual outcome is straightforward: the responsible driver (via their insurance provider) will cover your medical expenses, lost wages, and other damages you’ve incurred. However, what if you also shared some blame for the collision?

New Jersey adheres to a “modified comparative fault” principle when assigning liability in accidents involving multiple parties. In these cases, the jury is responsible to determine two key aspects based on the evidence: the total monetary value of the plaintiff’s damages, and the amount of fault given to each party involved. According to the modified comparative fault rule, the plaintiff’s compensation is reduced by a percentage corresponding to their degree of fault.

For example, suppose the jury determines that your overall damages amount to $100,000 (including your medical costs, lost earnings, vehicle repairs, and pain and suffering). Additionally, they find you to be 40 percent responsible for the accident, perhaps due to speeding. Under New Jersey’s comparative fault system, you’re entitled to receive 60 percent of the $100,000 total, equating to $60,000—still a lot of money, even though less than the total damages you incurred.

It’s important to note that since New Jersey operates under a “modified” comparative fault framework, you’ll receive no compensation if deemed more than 50 percent at fault for the accident. This is different from “pure” comparative fault states, where recovery is possible even if you bear greater responsibility than the other party. Basically,  in New Jersey, you must not be over 50 percent fault to seek damages from any other at-fault party following a car accident.

The comparative negligence principle not only guides New Jersey judges and juries in court proceedings related to car accidents but also influences the guidelines followed by car insurance claims adjusters. These professionals base their decisions on the anticipated court outcomes. Nevertheless, it’s essential to consult with a lawyer regarding your circumstances and the most viable course of action.

You can view the New Jersey’s comparative negligence statute by clicking this link.

For further insights into New Jersey’s Auto Comparative Negligence Settlement rules, refer to resources provided by the New Jersey Department of Banking & Insurance.

If you have been involved in a car accident or if you have never been involved car accident before, educating yourself on the right way to protect your interest is always a good idea.   

Steps to Follow Immediately After a Car Accident

• Prioritize Medical Attention

Immediately following the accident, your utmost concern should be making sure that you and any other parties involved receive necessary medical care. Evaluate your injuries and seek hospital treatment if required.

• Notify Law Enforcement

It’s crucial to contact the police promptly to have an officer attend the accident scene. The officer will generate a police report, a vital document for any further investigations that support a personal injury claim.

• Gather Pertinent Information

We realize that this is tough advice in the middle of experiencing a car accident, but take the time to collect essential identifying details from all involved parties—names, addresses, driver’s license numbers, vehicle license plate numbers, and auto insurance particulars. Also if you can, get the contact information of any witnesses present. Nowadays, capturing photographic evidence is more convenient with the widespread use of mobile devices equipped with cameras. Take picture of the vehicles’ conditions, nearby traffic signals, skid marks, and the physical state of drivers or passengers. Any of the above evidence could prove to be important in future personal injury claims.

• Inform Insurance Providers

Immediately after the accident, notify your insurance company and furnish a clear, accurate account of the incident. When filing a claim and presenting supporting documents, it’s important to consult with a personal injury attorney that has significant experience in handling insurance companies and adjusters.

• Document and Preserve Financial Records and Losses

Ensure meticulous record-keeping of all post-accident medical visits or treatments, encompassing diagnostic reports, test results, treatment invoices, and prescription details. Additionally, maintain documentation of any work days missed due to the accident, including corresponding lost wages. Keep a detailed log of the accident’s personal impact, noting any activities you couldn’t partake in and how your injuries affected your relationships with family and friends. These records will be invaluable for assessing and substantiating any financial losses incurred.

 The right personal injury attorney is critical in obtaining the best outcome for your car accident suit.

Negligence law in New Jersey extends to all variety of slip and fall injuries and accidents. Property owners own the responsibility of ensuring the safety of their premises.

This entails maintaining the structural integrity of buildings, both internally and externally, to prevent slip and fall incidents. Additionally, in certain jurisdictions, property owners may be obligated to address weather-related hazards, such as standing water and icy patches, to mitigate potential risks.

Common Causes of Slip & Fall Incidents:

Various factors can contribute to slip and fall accidents, including:

• Presence of water on the floor
• Loose floor mats or rugs
• Unstable or loose tiles
• Icy patches or snow-filled areas
• Poorly lit stairs or steps
• Cracks or holes in sidewalks or parking lots

In some instances, the injured party may be uncertain about the cause of their slip and fall injury. Therefore, conducting a thorough investigation is crucial to identify the source of the problem.

Types of Slip & Fall Injuries:

Slip and fall accidents can result in a range of injuries, such as:

• Head injuries, including traumatic brain injuries (TBIs)
• Spinal cord and back injuries, leading to pain and mobility issues
• Sprains, fractures, and dislocations due to impact with the ground or objects

Preserving evidence is essential if you’re injured in such accidents to strengthen your case in court. Gathering witness names, noting relevant conditions, and taking photographs of the area can significantly impact the outcome of slip and fall negligence cases.

Compensation for Slip and Fall Accidents:

The compensation you can recover for slip and fall injuries encompasses both economic and non-economic losses. Economic losses may include:

• Medical expenses, including future anticipated costs
• Transportation expenses for medical appointments
• Lost wages during recovery
• Costs for home modifications and therapy sessions

To substantiate economic losses, your attorney will utilize bills, pay stubs, and invoices. Non-economic losses, such as pain and suffering or emotional distress, are more subjective and may rely on testimonies from friends and family to illustrate the impact of the accident on your life.