Personal injury litigation is subject to different regulations in every state. To bring a case in New Jersey it is very important that you consult an experienced New Jersey personal injury lawyer, who can guide you through the states unique laws.
Personal injury litigation includes many types of action, including car accident cases, defective products cases and medical malpractice cases. A personal injury claim in New Jersey can arise from negligence or intentional wrongdoing.
In New Jersey you must prove four elements to win any negligence case:
1. The defendant owed you a duty
2. The defendant did not fulfill that duty
3. The defendants breach of duty resulted in your injuries
4. You suffered damages
In New Jersey personal injury lawsuits you can still recover damages even if your own negligence contributed to the injury. New Jersey follows a doctrine of modified comparative negligence. This means that a defendant is responsible for the share of the damages equal to their proportion of the blame in the injury. Under New Jersey law a plaintiff cannot recover damages if they were more negligent than the defendant.
New Jersey personal injury law follows a hybrid doctrine of joint and several liability when determining liability between multiple defendants. Any defendant who is less than 60% at fault is only liable for the share of the damages equal to their proportion of the blame. If any defendant bears more than 60% of the blame can be held liable for the whole amount of the damages. They can seek contributions from other defendants equal to their proportions of the fault.
New Jersey does not limit non-economic damages. Non-economic damages include pain and suffering, loss of quality of life, loss of companionship, emotional distress and humiliation.
New Jersey law restricts punitive damages to either $500,000 or five times the total compensatory damages. This limit does not apply to discrimination cases, aids testing disclosure cases, sexual abuse and injuries causes by dunk drivers. Punitive damages are determined in a special hearing after the civil trial. Punitive damages are awarded to punish the defendant's wrongdoing.
In New Jersey you have two years to file a personal injury lawsuit under the states statute of limitation.
If you are considering pursuing a claim in New Jersey you need the counsel of a personal injury attorney who understands the nuances of New Jersey law. The sooner you begin working with an attorney the easier it will be to build your case and reach a successful outcome.