If you wish to file a personal injury case in New Jersey, you must be informed of the rules and regulations that govern the court system. We've created a guide to assist you understand the personal injury laws in your state, including the statute of limitations and how compensation is assessed or limited.

The New Jersey Statute of Limitations

New Jersey law establishes tight time limits, or a statute of limitations, for victims to initiate legal action after being harmed as a result of another's negligent or reckless behavior. Personal injury cases must be filed within two years after the incident that produced the harm.

The statute of limitations can be extended in unusual circumstances, although most cases are dismissed beyond this date. It's critical to understand that the statute of limitations only applies to the filing of the lawsuit; some cases might go on for years after the initial deadline.

Your lawsuit will be allowed to proceed if you submit it properly before the statute of limitations expires.

New Jersey's Personal Injury Laws

Every state has rules governing personal injury claims. Knowing how these laws may effect your lawsuit in New Jersey will help you decide how to proceed. For example, if you know there is a limit to what you can receive from a court, you may think twice before declining a settlement offer.

Here are some of New Jersey's specific personal injury laws:
The negligence standard in New Jersey. Personal injury recovery in New Jersey is based on a modified comparative negligence standard. This means that culpability for injuries is determined, and if one party is judged to be more than 50% culpable, they cannot be awarded damages. As an example, if a driver in an accident is found to be 40% at fault, they can receive 60% of their damages. If they are determined to be 55% culpable, they will be unable to recover anything.

New Jersey Damage Caps. Some states limit the amount a plaintiff can be awarded in a lawsuit. These recovery caps can apply to non-economic damages, punitive damages, and overall awards. In New Jersey, however, there are no limitations on what you can recover in a case.

How Can an Attorney Help You?

A personal injury attorney in Newark can assist you in filing your case, gathering evidence and witness testimony, and determining the appropriate amount of compensation to seek. They can then assist you in negotiating your case in order to reach an agreement that works for both you and the defendant.

While the vast majority of personal injury claims are settled, some do proceed to trial, in which case your lawyer will represent you as well.

It is possible to handle a personal injury claim without an attorney, especially for small injuries that the insurance company is willing to pay for, but the assistance of a qualified lawyer can be crucial at times. Many personal injury lawyers also provide free consultations, so there is little danger in scheduling a meeting.

How to Find the Best Personal Injury Lawyers in Newark

A good lawyer on your side may make this terrible moment in your life much simpler. To choose the best personal injury lawyer in Newark for your case, consider the following:

Meet with multiple lawyers. You should take advantage of this opportunity and visit with at least two or three lawyers to better understand their work processes before making a final decision. You can then choose the counsel with whom you feel most comfortable.

Experience. You should ask your lawyer about their trial experience, particularly in instances like yours. A personal injury lawyer with extensive trial experience will not settle for anything less than what you deserve and will be better prepared to take your case to trial.

Fee structure. Most personal injury lawyers in Newark practice on a contingency basis. This fee agreement means that they retain around one-third of the compensation they receive for you. If they are unable to obtain funds for you, you will not be charged. If they do get a settlement or verdict for you, the amount they keep may vary. Make sure you understand their contingency fee structure and what fees, if any, may be applied to your bill before you get payment.

What does a plaintiff need to prove to win a personal injury case?

To prove the defendant's carelessness in personal injury claims, you must show the following:


• The defendant was responsible for ensuring your safety.

• The defendant breached the duty by acting in a certain way.

• This action caused your harm.

• The injuries caused losses that could be paid.

Your personal injury lawyer can assist you in gathering evidence to support your case against the defendants.

Is it preferable to settle than go to trial?

The majority of cases are handled without a trial. Insurance companies prefer settling to trial because trials can be costly and time-consuming. However, whether or not settlement is the best option for you is determined by the specifics of your case.

Your lawyer can advise you on whether you will be able to recover more compensation in the trial. If you anticipate your case will go to trial, you should always look for a lawyer who has prior trial experience.

What if my medical expenditures exceed my New Jersey personal injury settlement?

Unfortunately, there is no provision in the law for settlements that do not cover all medical expenses. If you still owe money after applying all of your insurance and settlement funds, you will need to create payment arrangements.

If your medical bills surpass the guilty party's insurance policy, they are still liable for the costs of the injuries they caused until you agree to a settlement for less.