If you have been injured in an accident in the State of New Jersey, there is a high likelihood that you may want to seek filing a personal injury claim in order to recuperate from the damages you sustained. Before filing a claim, however, there are a number of state laws you may want to be aware of as they could have a significant impact on your case.
Every state across the nation has placed strict limitations on personal injury claims when it comes to the amount of time a victim has to file a claim after sustaining an injury or suffering harm. The statute of limitations will vary based on the type of claim.
In the State of New Jersey, victims seeking to file a personal injury claim after an accident have two years from the date of when the accident occurred to file the claim. Further, if a claim is against a governmental agency, the time frame is reduced to just 90 days. It is important to note that failing to file the claim within the allowable time frame will invalidate the claim. Even if there is a strong case against the liable party, the victim may lose his or her ability to recover compensation if the claim is filed after the allowable time period.
As mentioned above, the New Jersey statute of limitations will vary depending on what party is being accused. While most personal injury claims will adhere to the two-year statute of limitations, shorter time frames will be enforced for cases involving government agencies and medical facilities. The state’s statute of limitations can be found in the Revised Statutes §2A:14-2.
In some cases, when attempting to hold a party responsible, that party will attempt to place the blame on the victim. If part of the blame for the accident is shared, this will affect the total amount of restitution a victim will receive.
When fault is shared in a case, the State of New Jersey abides by a comparative negligence rule. In the event a case goes to trial, the victim will receive a percentage of the full amount of restitution available, which has been reduced by the amount that the victim is found to be guilty for partially causing the accident. It should be noted that if the victim is found to be over 50 percent responsible for the accident, the victim will be unable to collect restitution from any of the accused parties.
When it comes to a personal injury claim involving a car accident case, New Jersey State will follow the “choice no-fault” process. Although auto insurance is required for motorists registering a car for operation in New Jersey, car owners can select between “Basic” or “Standard” policies.
Basic policies, as well as the option for a limited right to sue under the Standard coverage, are forms of no-fault auto insurance. This means that injury claims after an auto accident will need to be made with a victim’s own PIP coverage, or personal injury protection policy. This is regardless of who is to blame for having caused the auto accident. PIP claims will not include restitution for non-economic damages, such as a victim’s pain and suffering. However, it will expedite the monetary compensation of most out-of-pocket damages.
In the State of New Jersey, a person who has been injured can only step outside the boundaries of the PIP system or no-fault system and file a personal injury claim against the at-fault party when the accident result in the following:
In most states, a pet owner will be relatively protected from liability when their dog has bit a person for the first time and there was no reason to believe that the canine posed a danger to the victim. This “one bite” standard, however, is not applicable in the State of New Jersey. Under the New Jersey Revised Statutes § 4:19-16, owners are held strictly responsible for bite-related injuries caused by their pets.
If you were injured in an accident that was caused as a result of another’s carelessness, it is imperative that you understand your rights and your ability to recover compensation for your injury. As a result of the state’s statute of limitations, it is critical that you act quickly and seek the legal support and guidance of a professional law firm that will review your case and protect your interests.
The personal injury attorneys at the Harrell, Smith, & Williams, LLC are exceptionally skilled in fighting for the rights and interests of those who have been injured in an accident. With many years of dedicated experience, the firm is prepared to vigorously defend your right to a full monetary compensation. Contact a knowledgeable attorney at Harrell, Smith & Williams, LLC for a free case evaluation. You can call our office here: (908) 264-7228
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At Harrell, Smith and Williams, will help you from start to finish. We will guide you through the complex system of insurance coverage, disability, and recovery. Each of our attorneys has worked with larger firms and knows what it takes to prepare and try every type of case. Whether you were injured in a car crash, motorcycle accident, slip and fall, or a dog attack, we will not allow you to get lost in the system. Attorney Bayard Smith will also represent you when you are injured on the job or as a result of negligence by a doctor. From brain injury to spinal cord injury, Mr. Bayard has dealt with all aspects of injuries throughout his career.... View full business profile here: Bayard Smith
