Personal injury law in New Jersey involves a wide array of cases where individuals have sustained harm due to the negligence of others. This area of law is designed to offer a legal pathway for individuals to recover monetary damages and hold the responsible parties accountable. Whether you have been involved in a motor vehicle accident, suffered a slip and fall, sustained injuries to a work related accident, sustained injuries due to a defective product, been the victim of medical negligence or encountered any injury due to someone else’s fault, understanding the basics of New Jersey’s personal injury law can significantly influence your journey towards obtaining justice and compensation.
A Personal Injury Case in New Jersey can originate from several different scenarios, including, but not limited to:
- Auto Accidents: Given New Jersey’s busy roads and highways, car accidents are a common source of personal injury claims, which include incidents involving cars, trucks, motorcycles, pedestrians, and bicycles.
- Slip and Fall Incidents: Property owners in New Jersey have a legal obligation to keep their premises safe. If they fail in their duty to keep the premises safe, this can lead to claims if someone is injured as a result.
- Medical Malpractice: When healthcare providers in New Jersey deviate from the accepted standards of medical care, resulting in injury or death.
- Product Liability: Injuries caused by defective products fall under this category.
- Workplace Accidents: If an injury occurs within the course of employment, New Jersey workers’ are entitled to benefits. Fault does not matter. They can also seek compensation through personal injury claims outside of, or in addition to, workers’ compensation claims.
A Personal Injury Claim in New Jersey Follows Several Important Steps:
- Initial Consultation: The first step is to consult with an experienced and licensed personal injury attorney in New Jersey who can evaluate your case and guide you on the best steps to take.
- Filing a Complaint: If your personal injury attorney determines that your case has merit, the next step involves formally filing a complaint against the party or parties responsible for your injuries.
- Discovery Phase: This stage of your case allows both sides to gather evidence which includes exchanging documents, conducting depositions, and submitting legal questions to the opposing side to flesh out details of the case.
- Negotiation and Settlement: Many personal injury cases in New Jersey are settled without going to trial, through negotiations that lead to a settlement agreement compensating.
- Trial: If a settlement cannot be reached, the case may go to trial, where a judge or jury will make a decision based on the evidence presented.
