New Jersey Personal Injury Lawsuit
Should I File a Personal Injury Lawsuit in New Jersey?
The purposes of filing a personal injury lawsuit are to hold the negligent parties accountable for accidents and recover damages. You could decide to let it go and cover your own expenses, but there are many good reasons to file a lawsuit:
- Get a sense of justice for holding people accountable for the harm they cause through their actions.
- Recover the damages you need to cover existing and future medical bills.
- If you can’t go to work because of your injuries, lawsuit damages can compensate you.
- A settlement with the insurance company may be possible, but if they aren’t offering enough, or any compensation at all, a lawsuit can force their hand.
The best way to know if a lawsuit makes sense in your particular case is to talk with a New Jersey personal injury lawyer. While there are good reasons to file, the circumstances of your situation may mean other options are better.
How Does a New Jersey Personal Injury Lawsuit Work?
Once you hire the right lawyer to take on your case, you can let them do most of the work. However, you do need to stay informed to make important decisions and to contribute to a good outcome.
Most personal injury cases in New Jersey will follow these steps:
- Filing a complaint
Your lawyer will file the paperwork to make the lawsuit official. The complaint notifies the court and defendants and outlines your allegations against the defendants. It triggers the next step, known as the discovery period. - Discovery
During discovery, your lawyer continues to investigate and build your case. They will talk with witnesses, experts, and the defendants during depositions. The defendants’ legal team will do the same, and both sides can share information. - Negotiating a settlement
The fastest way to get the compensation you need to cover accident-related expenses is to get a settlement. Your lawyer will negotiate with the insurance company or defendants’ lawyers to get a fair amount. If this isn’t possible, you can force the defendants to trial. - Getting a verdict
If you have to go to trial, getting compensation will take longer. However, if the other side isn’t willing to compensate you fairly, this may be your only other option. In court, your lawyer will present evidence to prove the defendants’ negligence and liability. This includes witness and expert testimony, accident evidence, and your medical records. - Appealing a verdict
If you don’t like the verdict the jury brings, you can appeal. The defendants may also appeal. Your lawyer may need to fight through this additional step to get you the compensation you deserve.
Could I Have Missed the Time Limit on Filing a Lawsuit?
It is possible to miss the state’s statute of limitations and your opportunity to file. In New Jersey, you must file within two years of sustaining your injuries. If you want to make a claim against a government agency, the time limit is shorter.
How Will My Lawyer Prove Negligence?
Your lawyer will rely on physical evidence, witness accounts, and testimony from experts to prove the defendants were negligent in the accident and liable for your damages. They need to show that the defendants had a duty to act a certain way, that they failed to do so, and that this resulted directly in your injuries and expenses.
What Can I Get in Damages for a New Jersey Personal Injury Suit?
Every case is different, and it is impossible to predict exactly what you will recover in a settlement or verdict. Your lawyer will look at several factors to come up with an amount to seek:
- How severe your injuries are
- The medical bills you’ve already incurred
- Expected future medical and care costs
- Lost wages
- Expected lost future earnings
- Extent and permanence of disability or disfigurement
- Emotional and physical pain and suffering
State law can also impact how much you recover. In New Jersey, there is no cap on non-economic damages. These are costs associated with pain and suffering, not actual monetary costs. New Jersey does follow comparative fault rules. This means that if the defendants can prove you are to blame to some degree in the accident, the court will reduce your jury award.
Examples of New Jersey Personal Injury Lawsuits
The outcome of personal injury lawsuits varies significantly depending on individual factors. However, when you look at examples of lawsuits in New Jersey, you can get a good idea of what is possible. These are some recently resolved cases in the state:
- $2 Million for Stairway Fall. Anthony Celi ended up with a serious spinal injury after falling down the steps of the home he rents in Netcong. The landlord, his legal team alleged, failed to keep the stairs maintained. They settled for $2 million.[1]
- $1.25 Million for Trampoline Accident. Plaintiff Emil Vogt settled for $1.25 million after breaking both his legs in a trampoline park incident in Edison.[2]
- $2 Million for Car Accident. Kevin Estrada suffered serious back injuries in a 2015 car accident in Somerville. He was a passenger in a car driven by his mother when another car struck their vehicle pulling out of a driveway and then again trying to pull off the road.[3]
- $1 Million for Rear-End Accident. In 2017, Yina Rafael’s car was rear-ended by a school vehicle in Newark. She suffered spinal injuries as a result. Although the school driver claimed Rafael stopped too suddenly at a stoplight, they settled for $1 million.[4]
A personal injury lawsuit is an important way to recover damages from an accident that resulted in injuries, pain, and medical bills. In New Jersey, personal injury lawyers are available to evaluate your case and provide expert legal advice.