Imagine being involved in an accident in Newark and wondering whether you truly have a valid personal injury claim. Medical bills, missing work, and ongoing pain can make things even harder. Before moving on, it’s important to be clear. Most personal injury claims in New Jersey are based on negligence, which means that you have to show that someone else’s careless or wrong actions caused your injury.
Being hurt isn’t enough. For a claim to be successful, it must meet certain legal requirements and be filed by specific dates. If you learn these basics early on, you can avoid making mistakes that cost you money and having unrealistic expectations. Our skilled Newark personal injury lawyers help people who have been hurt answer these questions so they can decide whether to seek money for their injuries.
Core Legal Elements Of A Personal Injury Claim
Establishing Negligence Under New Jersey Law
In New Jersey, most personal injury claims are based on proving negligence. If someone didn’t take reasonable care and that hurt someone, that’s negligence. Four main things are usually required to move forward with a claim. First, the other person had a duty to take care of you. For example, people who own property must ensure it is safe for visitors, and drivers must follow the rules of the road.
Second, that obligation must have been violated. This could mean going too fast, failing to pay attention to dangers, or failing to fix a known danger. Third, the breach must have directly led to your injury. Lastly, you need to show that you have damages, such as medical bills, lost wages, or pain and suffering. These things are true for many kinds of accidents, but how they are proven can vary depending on whether the case is about a car crash, a slip-and-fall, or something else.
Comparative Fault And Shared Responsibility
New Jersey has a “comparative negligence” system, meaning both sides can be at fault. If you were partly to blame for what happened, you might get less money. But this doesn’t mean you can’t get damages right away. You might still have a valid claim as long as you aren’t more at fault than the other person.
Imagine a driver speeding and failing to slow down as a pedestrian crosses the street outside a crosswalk. The accident could have happened because of either action. In this case, each person is responsible for their own actions. Many people think they don’t have a case if they are partially at fault, so it’s important to understand how shared fault works. In real life, these arguments are usually settled with evidence, not guesses.
Filing Deadlines And Claim Timing In New Jersey
Statute Of Limitations For Personal Injury Lawsuits
When you file a personal injury claim, timing is very important. In New Jersey, people who get hurt usually have two years from the date of the injury to file a lawsuit. This deadline is called the statute of limitations. If you miss the deadline, the court will usually throw out your case, no matter how strong it was.
This two-year time frame covers many common Newark injury cases, including car accidents, slip-and-falls, and other negligence claims. Two years may seem like a long time, but it can take months to conduct investigations, get medical care, and resolve insurance claims. Even before the deadline, it can be harder to find witnesses or gather evidence if you wait too long to act.
Special Deadlines And Exceptions To Know
It’s important to know about these cases early on because their timelines may differ or be shorter. The discovery rule is one important exception. If you didn’t see the injury right away, the clock may start when you should have known about it or when you reasonably found out about it. This is often the case when symptoms don’t appear until later or when injuries are hidden.
The rules are stricter when you sue the government. If a city, county, or state agency might be to blame, you usually have to file a formal Notice of Claim within 90 days of the event. You could lose your claim completely if you don’t do this step. Under New Jersey law, injured minors may have more time to file a claim until they reach a certain age. These exceptions show that it’s just as important to know about timing as it is to know about fault.
Common Situations That May Support A Claim
A lot of people in Newark get hurt in situations where they can file a claim, even if the details aren’t clear at first. It’s common for people to get into car accidents because they are texting or driving too fast. Negligence is another common cause of slip-and-fall injuries on poorly maintained sidewalks, parking lots, or building entrances. Dog bites, workplace accidents, and accidents on public property can also leave people wondering who is to blame.
The main question in each case is whether someone else didn’t act reasonably and whether that caused damage. Even when people don’t agree on the facts, evidence like photos, medical records, and witness statements can help determine what really happened. These details often make the difference between a strong and a weak claim.
Conclusion
If you were hurt in Newark, don’t assume you don’t have a valid personal injury claim until you learn the basics of the law. You can get your money back in New Jersey even if both sides were at fault. You need to show duty, breach, causation, and damages, as well as meet strict deadlines, to protect your rights.
NJ Injury Lawyers, P.C., helps people who have been hurt look at these things and figure out what they can do. Don’t give up on your case just because you’re not sure of the facts. Get clear information as soon as you can so you can make smart decisions about your health, money, and future.
