A Guide to New Jersey Personal Injury Law

A Guide to Personal Injury Law in the Garden State Prepared by New Jersey Personal Injury Attorneys

        The New Jersey trial attorneys at Kemeny, Ramp & Renaud have prepared "A Guide to New Jersey Personal Injury Law," which is designed to provide the general public with an introductory understanding of personal injury law in New Jersey. Whether you have been injured in an accident or are seeking information for a loved one, this guide is intended to help you navigate the complexities of personal injury cases and understand your rights.

You can download a free copy of the guide by clicking the download link below.

KRR Guide to NJ Personal Injury Law.pdf

Download PDF • 320KB

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 In A Guide to New Jersey Personal Injury Law, we address the following questions:

What is a Personal Injury Case?

A personal injury case is a legal dispute that arises when one person suffers harm from an accident or injury, and someone else might be legally responsible for that harm. In New Jersey, these cases can result from a wide variety of incidents, such as car accidents, slip-and-falls, or medical malpractice. The objective of a personal injury case is to seek compensation—called damages—for the injuries and losses sustained.

What are Common Important Terms Used in New Jersey Personal Injury Cases?

Negligence: The failure to exercise reasonable care that leads to harm.

Liability: Legal responsibility for an accident or injury.

Damages: The financial compensation awarded to a plaintiff.

Comparative Negligence: A legal principle that divides liability for damages between parties in an accident by their proportionate responsibility of fault. In many cases, the rule may reduce the amount of compensation an injured person may receive if they appear to be partially at fault for the accident.

Statute of Limitations: A strict time limit within which a lawsuit must be filed.

Tort: A wrongful act leading to civil legal liability.

Burden of Proof: The standard or test that a party needs to meet to prove its claim.

What are Common Types of Personal Injury Cases?

   New Jersey personal injury law encompasses a wide variety of case types. For instance they include:

•          Car and Truck Accidents

•          Motorcycle Accidents

•          Slip and Fall Accidents

•          Medical Malpractice

•          Dog Bites

•          Product Liability

•          Nursing Home Abuse and Neglect

•          Workplace Accidents

•          Wrongful Death

What are the Major Components to Any Personal Injury Claim?

     Nearly all types of successful personal injury cases typically involve five major components, but most attorneys only speak of the first four. Those five components are:

1.  Duty: The defendant had a legal duty to act with a certain degree of care that extended to the plaintiff.

2.  Breach: That duty was breached through action or inaction.

3.  Causation: The breach caused an injury or loss.

4.  Damages: The injury resulted in measurable damages.

5.  Ability to Pay: The defendant’s ability to pay or have availability and amount of insurance available to pay on the defendant's behalf.

How Can a New Jersey Personal Injury Attorney Assist Me?

        A personal injury attorney helps level the playing field when dealing with insurance companies and legal procedures.

        Attorneys:

•      Investigate your case thoroughly

•      Collect vital evidence and documents

•      Negotiate with insurance companies

•      File lawsuits and represent you in court if needed

How Long Do I Have to File a Lawsuit?

        In New Jersey, the statute of limitations for most personal injury claims is two years from the date of the injury. Filing after this deadline can mean forfeiting your right to pursue compensation. Special rules may apply to minors, the mentally incapacitated, and injuries discovered later (under certain circumstances). As such, it is important to act quickly and retain an attorney sooner rather than later.

What is New Jersey's No-Fault Law?

        New Jersey follows a no-fault system for car accidents. This means that regardless of who caused the accident, your own auto insurance policy pays for your medical expenses.

        Lawsuits in car accident cases against the at-fault party for pain and suffering are often only permitted if they involve serious injuries or when certain thresholds are met, but this limitation is not applicable in all car accident cases, and it is important to consult with a knowledgeable attorney before deciding whether you might be entitled to compensation for pain and suffering.

What is Personal Injury Protection?

        Personal Injury Protection (PIP) is a required part of auto insurance in New Jersey. It is primarily used to cover medical costs, but can also be used to cover lost wages and essential services (e.g., childcare or home assistance).

How Much is a Personal Injury Case Worth?

The value of a personal injury case depends on various factors:

•      Severity of injuries

•      Medical expenses incurred

•      Lost wages and income

•      Emotional and physical suffering

•      Long-term impacts on quality of life

•      The performance of the attorney or law firm representing you

An experienced attorney can help evaluate your specific situation.

What Type of Damages or Losses May I Be Able to Recover Money For?

        You may be able to obtain monetary compensation for the following types of damages for your injuries and losses:

Economic Damages: Medical bills, lost wages, property damage

Non-Economic Damages: Pain and suffering, emotional distress, loss of consortium

Punitive Damages: Punitive damages are intended to punish the defendant, are rarely awarded, but are possible in cases of gross negligence or willful misconduct

Should I Hire a New Jersey Personal Injury Lawyer?

        If you were injured in New Jersey, hiring a knowledgeable attorney licensed in New Jersey helps ensure your rights are protected. Insurance companies have teams of professionals whose goal is to minimize payouts. A lawyer works for you—fighting to secure the maximum compensation allowed by law.

When Should I Hire a New Jersey Personal Injury Attorney?

        It’s best to hire a personal injury lawyer as soon as possible after an accident. Immediate legal assistance may:

•     Preserve critical evidence

•     Prevent damaging statements

•     Help avoid missed deadlines

•     Begin building a strong case from day one

How Can I Contact the Personal Injury Attorneys at Kemeny, Ramp & Renaud, LLC?

Contact Kemeny, Ramp & Renaud, LLC today for a free consultation. Our attorneys provide free consultations for people injured as a result of an accident. Call us at (732) 853-1725 to schedule a consultation.