Injuries from negligence have many consequences for victims, entitling them to file compensation claims against liable parties in New Jersey.
Victims suffer personal injuries for many reasons, such as because of negligent drivers, property owners, medical professionals, and product manufacturers. After confirming the exact cause of your injuries, we can proceed with building your case against a liable party. Doing this as soon as possible is important because of the two-year statute of limitations for injury lawsuits in New Jersey. Most auto accident victims are affected by the no-fault system restricting when they can file lawsuits, and we can see if your injuries pass the serious injury threshold. No matter the reason for your personal injury claim, we can closely monitor all economic and non-economic losses from an accident and gauge whether we think you could get punitive damages from a jury award.
Call The Reiff Law Firm’s personal injury lawyers for a confidential and free case analysis at (215) 709-6940.
Injury Cases Our Lawyers Handle in New Jersey
Our experienced lawyers handle various personal injury claims, including those against negligent drivers for car accidents, property owners for slip and falls, manufacturers for defective products, and doctors for medical injuries. We can confirm whether you have a cause of action, identify the liable party, and prepare a lawsuit to hold them accountable for your economic and non-economic damages.
Auto Accident Injuries
Our lawyers can help victims recover from injuries sustained in all types of auto accidents. Negligent parties might strike pedestrians, bicyclists, motorcyclists, and drivers and cause serious injuries. For car accidents caused by larger commercial trucks, our attorneys might involve the at-fault driver’s employer in the victim’s compensation claim because of vicarious liability, which could help maximize their financial recovery.
Auto accident injuries vary, from facial fractures during airbag deployment to crushing injuries during rollover accidents. After confirming your exact injuries and beginning your medical treatment, you can contact our personal injury lawyers to start preparing your case, as crucial evidence might be most readily available right after an accident. We can quickly review any photos you took at the scene, obtain the crash report from police, and contact witnesses to interview.
Slip and Fall Injuries
Property owners owe visitors a duty of care. This duty requires them to maintain reasonably safe environments free from hazardous conditions that could injure visitors. Unfortunately, slips and falls are among the most common causes of personal injuries, as accidents can happen in virtually any environment. For example, you could fall down the stairs because of unsecured carpet treads in a neighbor’s home, a restaurant, a hotel, or another location, creating liability for the property owner.
Falling from any height onto hard ground could cause fractures, most likely in the hands, wrists, elbows, and forearms. Some hazards on the floor, like wires, might catch victims’ feet, causing them to trip and twist or break their ankles. Victims could also suffer head injuries during falls, which could affect their cognitive functions and earning capacities for a long period.
Medical Malpractice Injuries
Medical malpractice, especially during labor and delivery, could seriously injure victims and entitle them to compensatory damages. Common birth injuries in infants include traumatic brain injuries due to excessive force exhibited by the delivering doctor. Doctors might prematurely or unnecessarily use forceps or vacuums to deliver babies, injuring them in the process. Medical staff that fail to monitor the parent and child properly before, during, and after birth might also be liable for certain damages.
Medical professionals might also be negligent in other ways, such as administering or prescribing the wrong medication, releasing a patient prematurely, or misdiagnosing a patient. Our lawyers can help victims navigate these complicated claims and identify all liable parties, like the individual medical professional and the facility that employs them.
Defective Product Injuries
Many household products used daily, like the appliances in nearly all kitchens or garages, for example, would be dangerous if not made properly. Defective products that malfunction could explode or catch fire, burning and potentially permanently disfiguring victims. Defective product accidents are some of the most common causes of injuries on construction sites in New Jersey, and our lawyers can help injured workers file third-party work injury claims against negligent manufacturers.
Appreciating the Statute of Limitations for Personal Injury Lawsuits in New Jersey
In most cases, personal injury lawsuits must be filed within two years of an accident, according to N.J.S.A. § 2A:14-2(a). If your child was injured, such as by medical malpractice at birth, our lawyers can explain how the filing deadline might change. While knowing the final date by which you can file your lawsuit is important, you should not necessarily wait that long to sue if possible.
The sooner we investigate the accident and preserve evidence, the better. Eyewitnesses’ memories could fade with time, and security camera footage might be deleted. Especially in slip and fall injury claims, the negligent party might have access to the accident scene after the victim leaves and could own the relevant security camera footage. Collecting evidence that will overcome the standard of proof could be harder as time passes. Furthermore, victims might face questions from the defense about why they waited so long to file and if their injuries are really as debilitating as they claim.
Additionally, the longer you wait to sue, the longer you must wait for compensatory damages. Suppose it has been more than a year or so since an accident, you are struggling with medical bills, and you have not been able to work because of your injuries. The defense might sense that you need compensation immediately and suggest unfair settlements, hoping you will accept. Our attorneys can help victims avoid being in these compromising situations by prioritizing their claims and filing well before the typical two-year statute of limitations runs out in New Jersey.
Personal Injury Plaintiffs Affected by New Jersey’s Serious Injury Threshold
In New Jersey, most auto accident victims need to prove they have sustained serious injuries to file lawsuits against negligent or reckless drivers. Our lawyers can confirm whether or not you pass the necessary criteria to sue after reviewing your medical records since the collision.
New Jersey’s serious injury threshold applies to anyone who has the limitation on lawsuit option for their personal injury protection (PIP) insurance and is hurt in a car accident, whether as a driver, passenger, pedestrian, or bicyclist. According to § 39:6A-8(a), the only way to file a lawsuit in these situations is if a victim sustains a serious injury. These include dismemberment, significant scarring or disfigurement, displaced fractures, and other permanent injuries. Victims may also sue for the loss of a fetus, and personal representatives may sue for fatal car accidents in New Jersey.
Once the defendant answers your complaint, our lawyers will have 60 days to present certification from your treating physicians confirming that your injuries pass the serious injury threshold. Because we anticipate this requirement, we can prepare the necessary documentation beforehand so certification of your serious injury goes smoothly.
Suppose you have the no limitation on lawsuit option for your personal injury protection insurance. In that case, you can file a lawsuit for non-economic damages without certifying you pass the serious injury threshold. However, to file a successful personal injury lawsuit, you must have sustained an injury of some kind, which our lawyers must prove using medical records and other evidence as your case unfolds.
Furthermore, if a negligent driver hit you while riding your motorcycle, you would not have to pass the serious injury threshold since PIP insurance does not cover motorcycle accidents.
Damages for Victims in New Jersey Personal Injury Lawsuits
Compensation for personal injury victims should cover all medical damages from an accident. In addition to emergency room and long-term treatment costs, our lawyers will seek recovery for your lost wages and non-economic damages. We can gauge whether punitive damages could be available based on the defendant’s conduct during the accident.
Medical Damages
Victims can seek compensation for all medical expenses incurred since an accident in New Jersey. Starting with your emergency room costs, our lawyers will itemize all treatments you receive upon arrival at the hospital. This could include X-rays, surgeries, and wound cleaning and dressing. If you stayed in the hospital for several days for extended observation, we will calculate the aggregate cost of that stay, including all care you received during it.
We will do this for all treatments you get throughout your physical recovery. You may need to return to the hospital periodically for checkups or see specialists with expertise in treating your specific injuries, and the liable party should compensate you for all associated costs. Suppose doctors anticipate you needing physical therapy, additional surgeries, or long-term prescription medications. In that case, we can get them to give statements we can use as leverage in settlement negotiations or evidence during a trial so you get compensation for future losses.
Lost-Wage Damages
Car accidents particularly often leave victims unable to work. Falls can also be especially traumatic, causing back, spine, and injuries for many victims. Alongside medical experts, our lawyers can assess how your earning capacity has been lowered, especially if you have sustained permanent injuries. We can then estimate your ensuing lost wages using income statements and information from your employer as supporting documentation for our calculations.
Non-Economic Damages
Non-economic damages are generally available in personal injury claims and can compensate victims for their emotional distress. Accidents can be traumatic, and victims’ resulting injuries could affect their overall quality of life. To better appreciate your pain and suffering, our lawyers may ask you to keep a daily journal or speak to a mental health professional about your depression or anxiety. This can lead to expert witness testimony if your lawsuit goes to trial, which can be very impactful to the jury that hears the case and awards your compensation. Our lawyers may also use your medical records to underscore the severity of your injuries once again, explaining the constant and invasive treatment you have needed and its impact on your general well-being.
Punitive Damages
According to § 2A:15-5.12, to get punitive damages, plaintiffs must show a defendant’s actual malice or willful and wanton disregard for others’ safety. For example, a person who drunk drives generally knows the danger they pose to others before they get behind the wheel but chooses to do so anyway. Victims of drunk driving accidents who suffer serious injuries might request punitive damages in their complaints against negligent drivers, as might victims of other egregious misconduct. Punitive damages only come from jury awards, so victims cannot get them if they settle their claims out of court. Our lawyers can help you consider this as your lawsuit progresses, particularly if a defendant proposes a substantial settlement.
Call Our New Jersey Lawyers for Help with Your Personal Injury Claim
For a free evaluation of your case from our personal injury lawyers, call The Reiff Law Firm at (215) 709-6940.
