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How Do I Know If I Can File a Personal Injury Lawsuit in New Jersey?

Qualifying to File a Claim for Damages

How Do I Know If I Can File a Personal Injury Lawsuit in New Jersey-ImgYou’ve been hurt in an accident—certainly you have the right to file a lawsuit to recover your losses. In most instances, that will be correct, but there are certain situations where you won’t be able to get monetary compensation for your losses. What must you show to file a personal injury claim to recover for your losses?

You Usually Must Be Able to Prove Negligence

Though you can always seek damages for losses caused by the intentional acts of others, the vast majority of personal injury lawsuits are based on negligence or carelessness. To have a claim for negligence, you must prove the following:

  • That the person from whom you seek compensation (also known as the “defendant”) had a duty to act reasonably and failed to meet that obligation;
  • That, as a result of the defendant’s failure to act reasonably, there was an accident or incident; and
  • That, because of the accident, you suffered some type of actual loss, such as
    • Lost wages or income
    • Medical expenses that were not covered by insurance
    • Physical or mental pain and suffering
    • Loss of the ability to enjoy life, either because you can no longer engage in the simple acts of daily life or because you’re no longer able to do things that previously brought you fulfillment, happiness, or contentment
    • Loss of the ability to have close and intimate connections with family members, also known as loss of companionship or consortium
    • Loss of or damage to personal property

You Must Show That You Were Not Primarily Responsible for Causing the Accident

In New Jersey, as in most states, you may still recover some compensation, even if you were partially to blame for causing the accident that led to your injuries. However, under New Jersey’s “modified comparative negligence” approach, you can only recover compensation if your fault for causing the accident was less than the defendant’s fault.

You Must File Your Lawsuit in a Timely Manner

Pursuant to the New Jersey statute of limitations for personal injury, you must file a lawsuit within two years of the date of your injury or your claim may be barred. This period of time may be extended if your injuries were not discoverable until some time after the accident.

Contact the Law Office of Howard D. Popper

At the Law Offices of Howard D. Popper, we can help protect your rights. For a free initial consultation to discuss your options after any type of personal injury, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.

We handle all personal injury claims on a contingent-fee basis. You won’t pay any attorney fees unless we recover damages for your losses.

Prior results are no guarantee of a specific outcome in your case. Your results may vary based on your particular facts and circumstances.