Personal Injury Law Firm New Jersey
If you’ve been the victim of an accident or you are seeking an insurance settlement and you’re considering filing a personal injury claim in New Jersey, there are some basic things you need to know.
“The most important thing to understand is that there is a statute of limitations on the amount of time you have to file a personal injury lawsuit. In New Jersey, that time limit is two years from the date you were injured,” according to Freehold personal injury lawyer William Grabler.
New Jersey is also a shared fault law state, meaning that in some cases, the party you are suing may try to place part of the responsibility for the injuries back on you. This is an important point because if it is determined that responsibility is shared, it could impact the award amount you are seeking.
“In the case of shared fault cases, New Jersey applies what is known as a modified comparative negligence rule. This means that the percentage of fault you are determined to be responsible for will reduce the amount of your award by an equal percentage,” adds Grabler. “For example, if you are found to be 30 percent at fault, the amount of your award will be reduced by 30 percent.”
Juries will determine the percentage of who is at fault, and in cases where you are found to be more than 50 percent at fault, you will not be able to collect anything from any of the other at-fault parties.
New Jersey courts are bound by law to follow this rule for injury lawsuits. The notable exception is for car accidents. In those cases, New Jersey’s no-fault system takes precedence, meaning that you must file a claim against your own insurer unless it meets what is known as a “serious injury” threshold. This limits the amount of pain and suffering compensation you can collect, but it does speed up the amount of time between the time you file and when a claim is paid out.
Garces, Grabler & LeBrocq is a full service New Jersey law firm with offices in Elizabeth, Freehold, Hackensack, Newark, New Brunswick, Perth Amboy, Plainfield and Trenton.