How Long Do I Have to File a Claim?
The state of New Jersey has a two-year statute of limitations on personal
injury cases. This means that you have two years from the date of your
injury to file a claim or you will lose your right to compensation. If
you are filing a claim against a state government worker or agency you
must do so within 90 days of your accident. There are a few exceptions
to these rules depending on your specific situation.
Additionally, New Jersey follows a "modified comparative negligence
rule." This means that even if you are partially at fault for the
accident that led to your injuries you can still pursue compensation,
as long as you are found to be less than fifty-one percent at fault. In
this situation, whatever amount of blame you are determined to have will
be reduced from your total compensation amount. For example, if you were
injured in a car accident and found to be fifteen percent at fault for
the accident, whatever compensation you are rewarded will be reduced by
What Damages Can I Recover in a Personal Injury Case?
Generally, there are three main types of damages an injury victim can seek
in a personal injury claim. Each of these types of damages seeks to compensate
for a different loss so, ideally, in the end the injury victim is compensated
for all they suffered. The types of damages are economic, non-economic,
Economic damages compensate for the financial, easily quantifiable losses
associated with suffering an injury such as the inability to work and
medical expenses. Non-economic, on the other hand, compensates for the
more abstract not as easy to quantify losses such as pain and suffering,
emotional distress, and loss of enjoyment of life. Since non-economic
damages deal with abstract sufferings they are also called “general
damages.” The state of New Jersey does place a cap, or limit, on
non-economic damages in medical malpractice cases. An attorney from our
firm will be able to inform if these laws will affect your case.
The last type of compensation an individual can pursue is punitive damages
and they differ from the first two in that their main purpose is to punish
the negligent party as opposed to compensate the injured party. As such
they are not often awarded and are usually reserved for cases where the
negligent party knew their actions would cause harm.
What is Personal Injury Protection Insurance?
When it comes to car accident laws, New Jersey is known as a “no-fault”
state. This means that after an accident an injury victim pursues compensation
through their own insurance policy as opposed to filing a claim against
the negligent driver. Because of this law, drivers in no-fault states
are required to carry a special type of insurance called personal injury
protection insurance or PIP coverage.
An injury victim’s PIP benefits can compensate them for all economic
damages related to their injuries, such as medical expenses and the inability
to work. It will not compensate for non-economic damages such as pain
and suffering or emotional distress. New Jersey law does allow injury
victims to file a personal injury claim against a negligent driver if
they meet certain criteria, allowing them to recover economic and non-economic
damages, most notably if the injury victim suffers:
- A permanent injury or disfigurement
- The loss of a body part
- The loss of a fetus
- A displaced fracture
- A fatal accident
Should I Hire a Personal Injury Lawyer?
If you were recently injured or had a loved one die in an accident, you
may be entitled to financial compensation to assist with unforeseen damages
related to the accident. In order to determine if you have a personal
injury case, your attorney will first look at who was at fault for the
accident. If another person's negligent behavior, or the careless
or unlawful actions of a manufacturer, company, or other entity was the
cause of the accident, you may have a case. While financial compensation
cannot negate the pain and suffering caused by an unexpected injury or
death of a loved one, it can often help ease the financial burden you
are likely facing.
Generally, there are two main types of damages available in a personal
injury case economic and non-economic. Both these types of damages are
categorized as “compensatory damages”. Economic damages, also
called special damages, compensate for quantifiable losses as a result
of an injury such as medical bills or missed days at work. Non-economic
damages, sometimes called general damages, compensate for more abstract
losses such as pain and suffering or loss of companionship.
In some cases, punitive damages can be awarded. Unlike compensatory damages
which seek to compensate the injured for a loss, punitive damages seek
to punish the negligent party. Typically, this type of damage is not usually
awarded and is reserved for cases where a negligent party was aware their
actions would lead to harm and did so intentionally. According to the
New Jersey Revised Statutes section, 2A:15-5.14 punitive damages are limited
or capped, at five times the amount of compensatory damages or $350, 000
whichever is the greater amount.
Common damages associated with accidents and injuries include:
- Hospital and ambulance fees/medical bills
- Costs for ongoing physical and cognitive therapy
- Physical and emotional pain and suffering
- Lost wages due to temporary or permanent disability
- Loss of a loved one/loss of support
- Burial expenses, including funeral/cremation costs
Often, insurance companies deny or devalue just claims. At the Law Offices
of Jeffrey S. Hasson, P.C., we can help you fight back.
Contact Our Firm Today for the Strong Representation You Deserve
If you or a loved one suffered injuries as a result of someone else's
negligence, you don't have to suffer alone. Our team of dedicated
personal injury attorneys in Teaneck and Union City are prepared to stand
up to insurance companies on your behalf. We work tirelessly in our pursuit
of a fair settlement and will even represent you in the courtroom whenever
necessary. No matter how complex your unique situation may be, we're
ready to fight for you.
Find the legal assistance you need—in English or
Spanish— at the Law Offices of Jeffrey S. Hasson, P.C. Call (201) 254-8484 today.