Personal injury claims are some of the most common lawsuits seen in Medford every year. Each case is as unique as the people involved in it, but just like other states, New Jersey has guidelines and rules that are applied to every personal injury case.
While the basics of these are outlined below, those who are injured in an accident should speak to a Medford personal injury lawyer who knows these laws in detail and can provide advice on their specific case.
Among all personal injury cases, motor vehicle accidents involving cars, trucks, motorcycles, and pedestrians are the most common in New Jersey. However, there are other types including:
- Product liability
- Medical malpractice
- Slip, trips and falls
- Dog bites
- Premises liability
- Wrongful death
- Intentional behavior
When any personal injuries occur due to the fault or negligence of someone else, a lawsuit can be filed by a Medford personal injury lawyer against the responsible parties. Some New Jersey personal injury laws, such as caps on compensation, apply to all types of personal injuries, while others, such as the state’s dog bite laws, apply to only specific types.
Statute of Limitations
In the state of New Jersey, the statute of limitations for most personal injury cases is two years from the date the injury occurred when the injured party is an adult. In the case of minors, the statute of limitations is extended to within two years of the individual’s 18th birthday.
There are also exceptions to the two-year statute in certain personal injury cases that is why it is important to contact a personal injury attorney in Medford immediately. Medical malpractice lawsuits have many statutes including:
- In the case of adults, within two years of the incident, or within two years of the time an individual should have reasonably known that medical malpractice occurred
- In the case of minors, within two years of the individual’s 18th birthday
- Within two years of the individual’s 18th birthday for birth injuries, if the individual was born before July 2004
- By the time of the individual’s 13th birthday, if it is a birth injury and if the child was born after July 2004
In the case of individuals bringing a lawsuit against a public entity, there are certain notice requirements that if not complied with could bar a future lawsuit. For example, public entities or employees must be put on notice of an incident or injury within 90 days of the event. Because different cases have so many different notice requirements or statutes of limitations, it is important to speak with a personal injury lawyer in Medford that will be able to advise on if the case is still eligible to be heard by the courts.
New Jersey has both shared fault and no-fault laws, which can sometimes limit the amount of compensation injured individuals are eligible to receive.
Shared fault is assigned when the person filing the lawsuit was partially to blame for the injury and in these cases, Medford courts will use the modified comparative negligence rule.
By this rule, the amount of compensation awarded will be reduced by the amount of the plaintiff’s fault. If the plaintiff was 25 percent at fault for a car accident, their compensation would then be reduced by 25 percent. When the plaintiff is 50 percent or more to blame, they are not entitled to any compensation. Unfortunately, this is one more reason why personal injury cases can become so complicated, cementing the necessity of a personal injury lawyer in Medford.
Contact an Attorney
Personal injury cases may be common in New Jersey, but that does not mean that they are simple. Different types of personal injury cases have different laws and statutes that go with them and a seemingly simple case can quickly turn complicated.
If you or someone you know has been injured, and you believe someone else is responsible, contact a Medford personal injury lawyer who can help you with your case, and get you the most compensation possible.