Whether you’re wondering about how fault is determined, the timeline for filing a claim, or what steps to take after an injury, our goal is to provide clear and helpful information. Remember, every case is unique, so we encourage you to contact us directly for specific legal advice tailored to your situation. We’re here to help you navigate the complexities of personal injury law with confidence.
New Jersey Personal Injury FAQs
Q: What if the other driver claims that I am at fault?
A: Thankfully, it’s not up to the driver who hit you to determine whether or not they are responsible for the damage caused by the crash. Ultimately, responsibility will be determined by either a judge or a jury. Since liability (who’s at fault) can be an issue in some cases, it’s best to talk to an attorney who understands the law and can advise you as to whether or not you have a claim.
Q: How long do I have to file a personal injury claim?
A: In New Jersey, the statute of limitations to file a personal injury claim is two years. If a governmental agency, like New Jersey Transit or a municipality, was responsible for your injury, the Tort Claims Act requires that notice is served within 90 days of the injury. It’s best to speak with an attorney as soon as possible if you’ve been injured.
Q: What is premise liability?
A: Premise liability is when the condition of a property causes injury. Some examples include an icy sidewalk outside a commercial property or a tripping hazard in a grocery store. It’s not enough that you were injured on someone else’s property—there has to be negligence involved. The rules for premise liability can get complicated, so if you have been injured, it’s best to speak with an attorney right away.
Q: How is fault proven in premises liability cases?
A: The typical question is whether the defendant was negligent. To be negligent, a person or organization has to fall below the reasonableness standard, meaning they did not act as a reasonably prudent person would. If the parties cannot resolve their claims, a jury will determine whether a person’s actions or inactions fell below this standard. Sometimes, an expert witness is hired to help the jury understand why the defendant’s actions were unreasonable.
Q: What damages can be recovered?
A: In a personal injury suit, the purpose of damages is to, as best as possible, correct the harm done to the injured person. In New Jersey, an injured person can recover non-economic damages for pain, suffering, disability, impairment, and loss of enjoyment of life. Economic damages include lost wages, out-of-pocket expenses, co-pays, deductibles, property damage, and any other financial losses caused by someone else’s negligence.
Q: Can you tell me how much my case is worth?
A: Eventually. The two big questions in a damages case are: (1) what’s wrong with you and (2) how have your injuries impacted your life? We usually need time for you to treat with medical professionals and recover to determine what limitations you have. The more an injury impacts your life, the greater the damages. At Laddey, Clark, and Ryan, we take a careful approach to ensure nothing is missed, as you only have one chance to resolve your lawsuit.
Q: How do personal injury attorneys charge?
A: Your case will be handled on a contingency fee basis, meaning you won’t have any out-of-pocket expenses, and you won’t receive a bill for the time spent on your case. At the end of the case, a percentage of the settlement goes to attorneys’ fees. When a settlement offer is made, we’ll explain how much of the offer will go to you, so you can make an informed decision.
Q: What is the statute of limitations?
A: The statute of limitations is the time frame during which you must either resolve your claim or file a lawsuit. In New Jersey, the statute of limitations is two years. For minors, it’s two years after the injured child’s 18th birthday.
Q: Are there exceptions to the statute of limitations?
A: There are some, but they are rare. The most common exception is the discovery rule, which allows the statute of limitations to be paused if you did not know you were injured or if you did not realize the injury was caused by someone else. Recent exceptions also exist for past sexual abuse cases.
Q: Are there other limitations that may hinder a claim?
A: Many factors can hinder a claim, which is why it’s best to speak with an attorney as soon as possible. One major limitation could be found in your auto insurance policy. Many people in New Jersey opt for the “verbal threshold” or “limitation on lawsuit option” to save money, but this can limit your ability to recover personal injury damages unless you have a permanent injury. If the verbal threshold applies, your doctor must show objective medical testing that proves a permanent injury.
Q: What should I do after I have been injured?
A: The most important thing is to seek immediate medical attention. If you’ve been in a crash, it may be hard to know if you have internal injuries. After ensuring you are not in immediate medical danger, it’s a good idea to speak with someone who can guide you through the process. Whether it’s a car accident or a slip and fall, an attorney can be a valuable resource to help navigate your next steps, even if you don’t have a viable claim.
Q: What is considered negligence?
A: Negligence has four parts: duty, breach, causation, and damages. Duty means the defendant owed a responsibility to the injured party. Breach is when the defendant fails to meet that duty. Causation means the breach caused or contributed to the injury. Finally, damages refer to the injury and loss suffered as a result of the breach. If you believe you have been injured due to someone else’s negligence, speak with an attorney for more information.
Q: Do I need a lawyer?
A: That depends. If you’ve been injured due to someone else’s negligence, carelessness, or recklessness, it’s a good idea to speak with a lawyer. There is a two-year statute of limitations in New Jersey, so it’s important to act quickly. We’d be happy to discuss your case with you—give us a call at 973-729-1880.
Q: How is Laddey Clark & Ryan different?
A: We have a long track record of obtaining outstanding results for our injured clients, with many verdicts among the highest ever obtained in specific counties. We carefully choose the cases we take on and spend the necessary time to give each case the best chance of success. We take the time to learn your story and how your injury has impacted your life, ensuring that your case is handled with care.
Q: I was just in a car crash, what should I do?
A: First, don’t panic. Assess the situation: are you or anyone else injured? If so, call 911. Second, is it safe to exit your car? If so, check for damage. Third, call the police to create an official record of the crash. Finally, if you’re not feeling well, seek medical attention, even if the injury isn’t obvious right away.
Q: Who pays for my medical bills when I’ve been injured?
A: If you’ve been in a car crash, your own insurance pays your medical bills up to your coverage limits. If you were injured outside your car, your health insurance typically covers your treatment. Some homeowners or commercial insurance policies may also cover small out-of-pocket medical expenses.
Q: What is PIP?
A: PIP stands for personal injury protection insurance. Most New Jersey drivers have this on their car insurance policies. If you are in a car accident and need medical treatment, your own auto insurance will usually be the primary insurance for that treatment. After meeting your policy’s deductible and co-pay, the remaining treatment costs are usually covered.
Q: How much insurance coverage do I need for my car?
A: As much as you can comfortably afford. Your car is where you are most likely to be injured, so having better coverage protects you and your family from the unexpected. Be cautious about cutting costs by reducing coverage, as you could be giving up important protections.
Q: The other driver’s insurance company is asking me questions. Should I answer them?
A: No! You are not obligated to talk to the other driver’s insurance company. Their goal is to minimize the risk posed by your injury to their company. Avoid saying anything that could harm your case. You have two years from the date of your crash to resolve the case or file a lawsuit, so there’s no rush to speak with them.
Q: How long will my case last?
A: Every case is different. Some are resolved within months, while others take years. It depends on the severity of the injuries, the complexity of the case, available insurance coverage, and settlement expectations. At Laddey, Clark, and Ryan, we take the time necessary to ensure your case has the best chance of success.
Q: How do I know which lawyer to hire?
A: Look for a law firm with a proven track record, recognized by its peers as one of the top in the state, and unafraid to go to trial if necessary. Make sure you feel comfortable with the attorney and staff, that they are responsive to your questions, and that their values align with yours.
Q: Are all personal injury lawyers the same?
A: No, every lawyer is different. How they view your case and injuries may vary. At Laddey, Clark, and Ryan, we invest time and attention into each case to achieve the best possible outcome for our clients.
Q: What is uninsurance/underinsurance?
A: Uninsured/underinsured motorist (UM/UIM) coverage helps protect you when the driver who hit you has little or no insurance. If the at-fault driver’s insurance is not enough to cover your injuries, your UM/UIM coverage allows you to make a claim with your own insurance company up to the limits of your policy. At Laddey, Clark, and Ryan, we have a strong track record of successfully handling UM/UIM claims.
