If you’ve been injured due to someone else’s negligence in New Jersey, you may be entitled to compensation. Filing a personal injury claim can be a complex process, but understanding the steps involved is essential to securing the compensation you’re seeking.
Whether your injury resulted from a car accident, slip and fall, or workplace incident, this blog will walk you through everything you need to know to protect your rights.
What is a Personal Injury Claim?
A personal injury claim allows individuals who have been significantly injured by another’s negligence to seek compensation for their injuries. In New Jersey, this compensation can cover a range of damages, including:
- Medical expenses
- Lost wages
- Property damage
- Pain and suffering
- Emotional distress
In most cases, personal injury claims are settled through negotiations with insurance companies. However, if a settlement cannot be reached, your claim may proceed to a lawsuit.
It’s important to know that, in New Jersey, those seeking damages that exceed the limitations of their insurance must meet the state’s “serious injury” threshold. Injuries that typically meet the serious injury threshold in New Jersey, include:
- Those that result in significant scarring and/or disfigurement
- Severe bodily function limitations that impact a person’s ability to perform daily tasks or enjoy a good quality of life
- Fractures that require surgery or other long-term extensive care
- Loss of limb or function
- Permanent loss or limitation of a body part - e.g. paralyzation
Key Steps to Filing a Personal Injury Claim in New Jersey
Understanding the steps involved in filing a personal injury claim in New Jersey is critical to protecting your rights. Here's a breakdown of what to expect:
Seek Immediate Medical Attention
Your health should be your primary concern after an accident. Seeking medical care immediately after the incident is essential, not only for your well-being but also to establish a medical record of your injuries. Medical documentation will serve as vital evidence in your claim, helping to connect your injuries directly to the accident.
Gather Evidence at the Scene
The strength of your claim will largely depend on the evidence you can present. If you are physically able, collect evidence from the accident scene, such as:
- Photos of the scene, damages, and injuries
- Contact information for witnesses
- Police reports, if applicable
- Any other relevant documentation (e.g., traffic tickets, maintenance logs)
This evidence will help prove the other party’s negligence and substantiate the damages you’re claiming.
Report the Incident
Reporting the accident is a critical step, whether it’s a car crash, a workplace injury, or a slip and fall. In some cases, such as car accidents, New Jersey law requires you to notify the police, especially if there is at least $500 in damages. For workplace injuries, you must report the incident to your employer within 14 days to qualify for the full range of workers’ compensation benefits.
Notify the Insurance Company
If you were involved in a car accident or have applicable insurance coverage, you must notify your insurance company. Be cautious when speaking with adjusters, as anything you say can be used against you to minimize your compensation. Avoid providing detailed statements until you’ve consulted with a personal injury lawyer.
Consult with a New Jersey Personal Injury Lawyer
New Jersey’s personal injury laws are complex, and navigating the process without legal guidance can be overwhelming. A personal injury lawyer will review your case, assess the evidence, and provide insight on how to proceed. In many cases, having a lawyer handle your claim can significantly increase your chances of securing maximum compensation.
Understanding New Jersey’s Statute of Limitations
New Jersey has a statute of limitations that restricts the amount of time you have to file a personal injury lawsuit. In most cases, you have two years from the date of the accident to file a claim. If you miss this deadline, you could lose your right to seek compensation.
It’s important to start the claims process as soon as possible to avoid any delays. Evidence can deteriorate, witnesses can become difficult to locate, and the longer you wait, the more challenging it becomes to build a solid case.
The Comparative Negligence Rule in New Jersey
New Jersey follows a modified comparative negligence rule, which can affect your personal injury claim. This rule allows both parties to share a portion of the blame for the accident. For example, if you’re found to be 20% at fault for a truck accident and your total damages amount to $100,000, your compensation would be reduced by 20%, leaving you with $80,000.
However, if you’re found to be more than 50% at fault, you will not be eligible to receive any compensation. A personal injury lawyer can help ensure that you are not unfairly blamed for the accident, which could reduce your settlement or deny you compensation altogether.
Types of Compensation Available in Personal Injury Claims
When filing a personal injury claim in New Jersey, it’s essential to understand the types of compensation you may be entitled to. Compensation typically falls into two main categories:
Economic Damages
These are the measurable, financial losses you’ve suffered as a result of the accident. They may include:
- Medical Expenses: This covers everything from emergency room visits and surgeries to long-term rehabilitation, physical therapy, and necessary prescriptions. For instance, if you've undergone multiple surgeries or need continuous rehabilitation, these costs can be recovered.
- Lost Wages: If your injury forces you to take time off work, you can seek compensation for the income you’ve lost during your recovery. Whether it's a week of missed shifts or months of reduced capacity, your lost earnings count as recoverable damages.
- Property Damage: If your vehicle was damaged in the accident, or any of your personal belongings were destroyed, you can claim compensation to repair or replace these items. For example, repairing a totaled car or replacing damaged electronics would fall under this category.
Non-Economic Damages
These damages are more subjective and aim to compensate you for the intangible effects of your injury. They may include:
- Pain and Suffering: This refers to the physical discomfort and pain you’ve endured as a result of the accident. For instance, if you’ve been left with chronic back pain or require long-term pain management, you can pursue damages to address this ongoing hardship.
- Emotional Distress: Accidents can leave lasting emotional scars. You may be entitled to compensation if you’ve experienced anxiety, depression, or post-traumatic stress disorder (PTSD) as a result of the incident. For example, if you now suffer from panic attacks or insomnia due to the trauma, these conditions could be covered.
- Loss of Enjoyment of Life: If your injuries have prevented you from engaging in activities or hobbies that once brought you joy—such as playing sports, hiking, or spending time with loved ones—you may receive compensation for this diminished quality of life. Imagine a runner no longer able to participate in marathons or a musician unable to play due to injury; these losses can be factored into your claim.
The Role of a Personal Injury Lawyer in New Jersey
Working with an experienced personal injury lawyer is crucial to maximizing your compensation. A lawyer can:
- Assess the value of your claim: Determining the full extent of your damages is key to ensuring you receive fair compensation.
- Negotiate with insurance companies: Insurance companies are known to offer low settlements. A lawyer will negotiate on your behalf to ensure you’re not shortchanged.
- File a lawsuit if necessary: If a fair settlement can’t be reached, your lawyer will represent you in court and advocate for the compensation you’re seeking.
Common Mistakes to Avoid When Filing a Personal Injury Claim
To protect your rights and maximize your compensation, avoid these common mistakes:
- Delaying medical treatment: Failing to seek medical attention immediately after the accident can weaken your claim.
- Waiting too long to file: Missing the statute of limitations could result in the dismissal of your case.
- Accepting the first settlement offer: Insurance companies often offer low initial settlements. Consult a lawyer before accepting any offers.
Protecting Your Rights After Filing a Claim
Once you’ve filed a personal injury claim, it’s important to continue following up with medical treatment and document everything related to your recovery. Keep records of your doctor’s visits, treatments, medications, and any related expenses. This documentation can significantly bolster your case.
Avoid discussing the details of your claim on social media, as insurance companies often monitor these platforms for information that can be used against you.
Contact Corradino & Papa to File Your Personal Injury Claim in New Jersey
If you’ve been injured in an accident in New Jersey, don’t leave your financial recovery to chance. Corradino & Papa has the experience and dedication to fight for your rights after a car crash, slip and fall, or other type of unexpected injury.
For immediate legal assistance, call us at 973-381-1706 or schedule a consultation online. Protect your rights by contacting us today!
Disclaimer: The information provided is not legal advice and does not establish an attorney-client relationship.