Suffering an injury due to the negligence of another person can be a stressful and frustrating experience. If you require compensation following an accident in New Jersey, our lawyers can help.
Victims can file personal injury claims for car accidents, slip and fall accidents, medical malpractice, and other incidents due to negligence. After sustaining an injury, report the accident and get medical attention. When preparing your case, our lawyers will calculate your economic damages due to the accident, like your medical bills and lost wages. We can then file your injury lawsuit within the two-year window for such claims in New Jersey.
To discuss your case for free with our New Jersey personal injury lawyers, call The Reiff Law Firm now at (215) 709-6940.
Common New Jersey Personal Injury Claims Our Firm Handles
A personal injury claim may arise under numerous scenarios. The details of your case will determine the type of personal injury suit you will file. Our personal injury lawyers can litigate various cases for victims in New Jersey, from car accident lawsuits to medical malpractice claims.
Car Accidents
Car accidents are a common occurrence due to the number of people that commute through the New Jersey on a daily basis. There are a number of factors that may lead to a severe car accident. For example, if a person was driving while under the influence of alcohol, they are more likely to lose control of their vehicle.
A car may also occur due to distracted driving, drowsing driving, speeding, and ignoring traffic signals. This is not a comprehensive list. If you were injured in another manner during a car accident, our firm could help you pursue compensation for your injuries.
Because of New Jersey’s no-fault car accident laws, victims might have to prove serious injury in order to file a lawsuit. Our lawyers can compare your injuries to those listed in N.J.S.A. § 39:6A-8(a) to see if you can file a lawsuit.
Medical Malpractice
Many patients do not expect that they will be injured due to the actions of a doctor they trusted. Unfortunately, there are some doctors that fail to provide a patient with an adequate standard of medical care. For example, if a patient has developed cancer, it is imperative that a doctor is able to diagnose the condition accurately. If a doctor fails to diagnose a disease like cancer, a patient may lose valuable time to seek treatment for their condition.
Other examples of medical malpractice include causing birth injuries to a newborn or a mother, misdiagnosing a condition, prescribing the wrong medication or treatment plan, surgical errors like leaving a medical instrument inside a patient.
It is important to note that not every mistake by a doctor may lead to a valid medical malpractice claim. Our firm can evaluate the circumstances of your case to explore your legal options for pursuing compensation from a negligent medical practitioner. Additionally, an injured patient may also be able to seek compensation from the hospital that employed the negligent doctor.
Premises Liability Lawsuits
Premises liability deals with a landowner’s duty to maintain their property. Specifically, if a landowner fails to correct safety hazards on their property, an injured visitor could hold them liable. For example, if a restaurant owner fails to clean up a spill, this could lead to a slip and fall accident for which the restaurant owner would be liable.
Other circumstances that could lead to a premises liability lawsuit include construction accidents, parking lot accidents, hotel accidents, and dog bites.
Reporting Personal Injuries in New Jersey
No injury is too minor to report. If a negligent party injured you, document the accident so that you can prove it took place.
No matter how insignificant an accident initially appears, you can call for help. For example, call 911 after a car accident, even a minor fender-bender. If you notice whiplash injuries in the following days and then wish to file a lawsuit, you will have documentation of the accident.
If you were injured in a premises liability accident, inform the property owner. In these types of situations, you can use your best judgment regarding whether or not to call the police. If you need help, do not shy away from calling 911.
After you document the accident, shift your focus to documenting your injuries. Go straight to the hospital. If emergency medical services arrive at the accident scene, accept their care. You will need a surplus of medical evidence for your claim, so prioritize your physical health by going to the hospital.
Personal Injury Claims Subject to New Jersey’s Serious Injury Threshold
Since New Jersey follows a no-fault system for auto accidents, victims must prove they meet the criteria to sue. This applies to all persons covered under personal injury protection insurance plans, including drivers, pedestrians, passengers, and bicyclists.
Injuries that permit victims to sue for auto accidents in New Jersey include death, displaced fractures, dismemberment, serious disfigurement, significant scarring, or other permanent injuries. Drivers with unlimited right-to-sue options do not have to meet the serious injury threshold to file claims against negligent drivers.
If the serious injury threshold applies to your case, you must submit medical evidence confirming the severity of your injuries and your diagnosis. If your specific injury does not clearly meet the definition of serious injury, lawyers may get medical experts to review your records and confirm that your injury is permanent.
When to File a Personal Injury Lawsuit in New Jersey
As a victim of an accident, you should be aware that you only have a limited amount of time to file your personal injury case. The reason for this is the statute of limitations. The statute of limitations determines the length of time that a potential plaintiff has to file a personal injury lawsuit. The filing deadline for your case can vary depending on the circumstances of your case.
In New Jersey, the statute of limitations for a personal injury lawsuit is two years from the date of the accident, according to N.J.S.A. § 2A:14-2. When victims wait longer than two years to file their case, the court could bar their claim. This would typically happen after a defendant moves to dismiss due to a violation of the statute of limitations.
Not all injuries are obvious right away. For example, if a surgeon left behind a foreign object in your body during surgery, you might not notice the complications from such negligence until weeks or months later. In such cases, the court might toll the statute of limitations until the date of discovery.
Do not make assumptions about the statute of limitations for your case. If you believe you have more time than the law affords, you could easily miss the filing deadline for your case. As a result, you may be left with no other option to seek compensation for your injuries.
Calculating Financial Damages Due to a Personal Injury in New Jersey
Generally speaking, the bulk of victims’ financial damages are their medical bills and lost wages. That said, if you incurred additional out-of-pocket expenses from an accident, we can include them in our calculation of your total damages.
Medical Expenses
You can recover damages for all medical expenses related to an injury due to negligence in New Jersey. This will include emergency room visits, medications, surgeries, tests, and other medical costs.
To calculate medical damages, our lawyers will add up all the bills and invoices from throughout your treatment. Do not disregard any charges.
If you will need additional treatment past the end of your case, our lawyers can get medical experts to testify about your future damages not yet incurred.
Lost Wages
Serious personal injuries might prevent victims from returning to work for a considerable amount of time. To calculate your lost wages due to injury, our attorneys will need certain financial and employment information. If your injuries are permanent and you can never return to work, we can calculate your future lost wages and include them in your requested economic damages.
Taking Your Personal Injury Claim to Court in New Jersey
When personal injury claims settle out of court, victims might walk away with less compensation than anticipated. By going to trial, our personal injury lawyers can present our evidence, arguments, and proof of your damages so that you recover the compensation you are owed.
When victims go to court, the burden of proof is on them. That means that we must prove that it is more than likely that the defendant’s negligence caused your specific injuries and damages. This lower standard of proof can bode well for injury victims, especially when evidence supports their claims.
In court, we can present evidence of negligence, such as surveillance footage, eyewitness testimony, and photos from the accident scene. We can verify your injuries through medical records and show your need for compensation through proof of your damages.
After we prove fault, the jury will assess damages. New Jersey does not cap awards for compensatory damages, meaning victims can recover substantial compensation for their losses due to negligence.
Call Our Trusted New Jersey Personal Injury Attorneys Today
The Reiff Law Firm’s personal injury lawyers can review your case for free when you call (215) 709-6940.
