If you’ve been injured in an accident caused by another party in New Jersey, you may be entitled to compensation for your past and future medical expenses, time missed from work to recover, and pain and suffering. However, navigating the personal injury claim process in NJ can be daunting, making it essential to seek help to understand the ins and outs of the process to ensure you have a fair chance at getting the compensation you deserve.
Understanding Personal Injury Claims in New Jersey
Personal injury claims happen when you suffer harm because of another party’s actions. In New Jersey, personal injury law is primarily governed by the principles of negligence, meaning the injured party must prove that the other party failed to act with reasonable care, resulting in an injury. The elements of negligence, under New Jersey law, include:
- Duty—the defendant had a duty to act, or refrain from acting, in a certain way.
- Breach—the defendant failed to meet this duty.
- Causation—the breach of duty resulted in the injuries you sustained.
- Damages—the actual damages sustained by the breach of duty.
Proving each element is vital in ensuring the success of a personal injury claim. Below, we’ll discuss a few mistakes you should avoid if you’ve been injured.
Letting the New Jersey statute of limitations expire
The statute of limitations is the time the injured party has to file a claim. In New Jersey, the statute of limitations for personal injury claims is generally two years from the accident date. If the injured party fails to bring a claim during that time period, they are time-barred from making a claim. So, if you’ve been injured, it’s essential that you consult with a NJ personal injury lawyer as soon as possible.
Attempting to negotiate with insurance companies without a NJ personal injury attorney
Many people settle their claims for far less than they are worth because they accept the initial settlement offered by an insurance company without consulting an attorney. Experienced personal injury attorneys can calculate the approximate value of your claim, which increases the likelihood that an insurance company will offer you a fair settlement.
Often, the injured party may not even realize that they are entitled to collect non-economic damages. Non-economic damages are difficult to quantify, which is why a personal injury attorney is essential. These include damages for emotional distress, pain and suffering, and loss of enjoyment of life.
Seek the Justice and Compensation You Deserve
Personal injury claims in New Jersey involve a process that requires careful consideration and preparation. Understanding the legal landscape, gathering evidence, and calculating damages are all critical components of a successful claim.
Hiring a knowledgeable New Jersey personal injury lawyer can positively impact the outcome of your case. At the Law Office of Peter Briskin, P.C., we offer guidance, negotiate on your behalf, and help you receive the compensation you deserve. Contact us today for a free initial consultation.