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How to File a Personal Injury Lawsuit in New Jersey

If you have suffered an injury due to the negligence of another party, then you may be eligible to compensation. The legal solution in such a case is to file a personal injury lawsuit in New Jersey to claim the compensation that you rightly deserve. Aggrieved parties may claim compensation for their suffering, pain, lost wages, costs arising due to the injury, medical bills and more.

Personal Injury Lawsuit in New Jersey

Since a personal injury lawsuit in New Jersey has many fine points that can prove critical, you need an experienced attorney to make sure that you have them all covered. An experienced and reputable attorney in New Jersey will have a full understanding of all meticulous points that can make or break your case. They know all about those issues that can lead to the dismissal of the case and denial of compensation. Thus, you must have a trustworthy attorney on your side to handle all of these issues so that you may be awarded your claim.

A trustworthy and seasoned personal injury attorney is also fully cognizant of all tactics that defendants and their lawyers resort to in order to deny you your rightful compensation. Thus, the services of a leading attorney in New Jersey are essential for helping you to successfully defeat such tactics and landing your compensation.

Thus your first step should be to hire and consult with a good personal injury attorney in New Jersey. You will need the services, advice and consultation of a top attorney in New Jersey to surmount all obstacles and complications that you may face while fighting a personal injury lawsuit.

A top personal injury attorney in New Jersey will prove to be an ally who will stand for your rights and vastly increase your chances of success in a personal injury lawsuit. The good news is that you are entitled to a free initial consultation wherein the attorney can explain your prospects and chances of success.

A good personal injury attorney will first note down the details of your case. You will be asked a number of questions so that the attorney can determine how viable your case. If you are entitled to a compensation amount, then the attorney will likely be willing to fight your case and win it for you.

You will have to inform about the details of your injuries and the circumstances surrounding them. The attorney will also request all possible evidence that you can muster to consolidate your position. Thus, you may be requested to show accident reports, police reports and medical records.

Based on the evidence that you have procured, the personal injury attorney in New Jersey will decide whether your case is worth pursuing and how much compensation you are allowed to claim under New Jersey laws. A good attorney will show you possible legal routes that can help to win a personal injury lawsuit. They will then advise you about the best possible course of action so that you may maximize your chances of winning the case and reduce the duration of the lawsuit. In other words, a premier attorney will work in your best interests.

Insurance

A personal injury claims process is usually initiated by seeking compensation through insurance. Your personal attorney will file an insurance claim with the insurance carrier of at-fault party. If you have not filed the claim, then your personal injury attorney will be glad to do it for you and negotiate on your behalf. If needed, your attorney will also send a detailed letter outlining the circumstances of the incident and how much compensation the insurance company is liable to pay based on the evidence. The insurance company can take 3 possible steps: accept the settlement, negotiate further or refuse.

If the insurer opts for negotiation, then your personal injury attorney will do their level best to ensure that you get the maximum compensation possible. If the insurer refuses your rightful claim, your attorney will be more than willing to fight them in court so that they pay up.

Lawsuit

If the insurance company of the responsible party refuses to settle your due amount or negotiate, then your attorney can resort to a filing a personal injury lawsuit at your behest. Your attorney will submit a written complaint in court to initiate legal proceedings. The document will have details of your injuries, circumstances and the extent of damages to which you are liable. The defendant will have a certain amount of time at their disposal within which they can respond.

Once the at-fault party responds to your complaint, the pre-trial will proceed with discovery.

Discovery

The next phase is discovery. Your attorney can consolidate your case by collecting and presenting evidence in support of your claims. The other party is also allowed to gather all their evidence and submit them in support of their defense.

You and can also gather witnesses who can testify in your favor. Your attorney will get in touch with these witnesses to gain deeper perspective into the case and use their statements in your favor. During this phase, your personal injury attorney can also consult experts to strengthen your case. The attorney will examine all related clauses that can help you to win your damages.

Both parties can also take part in depositions where they can ask oral or written questions to get answers from experts, witnesses and the other party.

Settlement

During the pre-trial phase, both parties gather evidence and information in support of their standpoint. At this point, each party will have an understanding of their position in the lawsuit and will attempt to negotiate. An out-of-court settlement may be in the best interests of both parties since it can prevent a protracted and exhausting trial that can cost a lot of money. Quite a few cases are settled this way. Your personal injury attorney will try as far as possible to negotiate a speedy and favorable settlement that will give you your rights.

Trial

When all attempts at settlement fail to bring results, the trial will proceed further under a judge and jury.

During the trial, both parties will be afforded the opportunity to present arguments in favor of their case. They can both present evidence and refer to experts and witnesses. Your attorney will show evidence and use the testimonies of experts and witnesses to build up your case. The jury will pay close attention to all details thus presented and based on this information, it will arrive at the verdict.

The jury may pass a verdict in your favor and also award you compensation as damages for your injuries, suffering and financial losses. You can maximize your compensation by leveraging the services of a leading personal injury attorney in New Jersey.

Appeal

Once the jury has arrived at a decision, the losing party can appeal the verdict. The court may decide to grant an appeal. Once granted, a higher court will review all the details, evidence, arguments and case decision.

If there are grounds for overruling the original decision, then the higher court may decide to overturn it. The appeal process can last for a long time, possibly years. Thus, you want to be sure that you have the right lawyer on your side to expedite the personal injury lawsuit.

Since the process is intricate and involves much legal complexities, it is vital to seek out a personal injury lawyer with a stellar track record. An attorney with a good record can strongly tilt the odds in your favor.

There are certain kinds of incidents for which you can file a civil lawsuit in New Jersey and seek damages for injuries and losses that you have suffered. These include dog bites and motor vehicle accidents among other cases. The general principal is that for any incident that results in an injury, the aggrieved party may demand damages from the party that was responsible for the injuries, losses and suffering.

However, to claim your damages, you must follow a very specific legal process that involves several intricacies. The opposition can take advantage of possible loopholes to deny you your claim. So it is necessary to safeguard your case against all such possibilities. An experienced attorney has the knowledge, proficiency and skill to do just that.

Statute of Limitations

In the US, all jurisdictions have a statute of limitations wherein aggrieved persons can file their personal injury lawsuit. The statute of limitation exists so that the injured party may file the claim within a reasonable time period.

Under New Jersey regulations, you have a maximum time limit of two years within which you can file a personal injury lawsuit. The date of this time frame begins from the day you suffered the injury. Thus, when you are injured, you have a maximum time period of 2 years within which you must register a personal injury case if you want your compensation.

As straightforward as it may seem, certain complexities can ensue with this time limit. First, it may not be possible to easily ascertain the date of injury. For example, if you have suffered from chemical poisoning, you may experience symptoms long after you have been exposed to toxic chemicals.

Hence, it is imperative to get in touch with a legal expert right away who can advise you on the validity of your claim if you face such circumstances. You should not wait any further because doing so can mean going beyond the time frame within which you are permitted to file your claim. Remember that in New Jersey, you may be granted concession with respect to this time limit only in very rare cases. Hence, it is vital to approach a reputable attorney in New Jersey as quickly as possible and find out the deadline within which you are allowed to start legal proceedings.

New Jersey Personal Injury Compensation

Compensation for personal injury cases can be in the form of damages in New Jersey. Damages refer to the kind of compensation to which personal injury victims are eligible under New Jersey rules. The maximum amount of compensation that you can claim depends on the kind of personal injury case and circumstances. Within each type of personal injury case, the damages available are fairly consistent.

If you have suffered a personal injury due to the fault of another party, then you may be awarded damages for the following.

  • Lost wages
  • Medical costs
  • Mental suffering
  • Past and future pain
  • Loss of consortium
  • Household costs
  • Punitive damages
  • Wrongful death damages

In the state of New Jersey, the upper limit for punitive damages stands at $350,000, or it can be 5 times the value of compensation awarded whichever is greater. To claim as much damages as possible, you need an aggressive lawyer who can proactively argue for your rights both inside and outside of court.

Incidents for Which You Can Claim Compensation in New Jersey

You can claim damages for the injuries, pain and losses from the following incidents in New Jersey.

  • Dog bites
  • Vehicle accidents, including trucks, cars and motorcycles
  • Asbestos related medical conditions
  • Slip and fall accidents
  • Wrongful death
  • Medical malpractice
  • Traumatic brain injuries
  • Nursing home abuse
  • Defective or dangerous products
  • Birth injuries
  • Construction accidents
  • Pedestrian accidents
  • Bicycle accidents

Have you suffered an injury in New Jersey? If so, get in touch with top personal injury attorney in New Jersey to find out about your prospects right away. Contact us today.

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