To file a personal injury claim in the state of New Jersey, you will need to comply with the state laws and regulations that govern civil lawsuits. A successful claim may require the assistance of a personal injury attorney familiar with New Jersey personal injury law. He or she will help you determine the type of damages you should seek, the amount of compensation, and which parties should be named in the claim.
New Jersey is a “Comparative-Fault” State
In most comparative-fault states, compensation is awarded by parties in correspondence with his or her degree of responsibility for your injuries.
New Jersey’s personal injury laws are more complicated than the typical comparative-fault system. In New Jersey:
- The degree of responsibility you hold for your own injuries must not exceed the combined percentage of responsibility of all the parties you name in your claim.
- If any single party named in your claim is more than 60 percent responsible for your injuries, then they will be held fully liable for paying damages. In other words, they will be required to pay 100 percent of the damages owed to you.
- If a single party is found more than 60 percent responsible, then THEY – not you – must file a separate lawsuit against other parties in order to recover damages from them.
If your case is successful and establishes multiple parties hold partial responsibility for your injuries, and no single party named in your claim holds 60 percent or greater responsibility, then each defendant in the case must pay damages equivalent to their degree or percentage of liability. It is only when one defendant is disproportionately liable, that other lawsuits may result from your case.
In either event, New Jersey’s personal injury laws are complex and establishing negligence can be difficult. You may need the assistance of a personal injury attorney familiar the New Jersey state legal system.
Potential Damages for Personal Injury in New Jersey
Damages sought in a New Jersey claim can cover both financial and non-financial losses you’ve suffered as a result of your injuries. Medical expenses, lost wages, property damage, the cost of supportive care, and loss of future earnings are all considered financial losses. Non-economic damages include compensation for pain and suffering you have experienced as a result of your injuries.
Statute of Limitations for Personal Injury Claims in New Jersey
In New Jersey, the statute of limitations is one year for libel and slander cases, and two years for all other types of personal injury claims.
The statute of limitations begins as soon as you realize you have suffered harm due to the negligent actions of another. In most personal injury claims, injury is readily apparent; however, this is not always the case.
If you believe the statute of limitations has already passed, you will need the help of a New Jersey personal injury attorney familiar with filing for exceptions to the statute.