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Injury law in New Jersey can often be complex and confusing. The Newark based injury law firm of Kirsch, Gelband & Stone can help you understand the basics of New Jersey injury law.
New Jersey injury law dictates that individuals who are injured due to the negligence of others may be entitled to compensation for their injuries. New Jersey injury law considers the injured party the plaintiff, and the negligent party the defendant. In order to attain compensation for injuries, the plaintiff must prove several things. He or she must prove that there was a legal duty of the defendant to not harm the plaintiff, that this legal duty was breached, and that there was injury caused by the defendant’s actions.
When determining compensation, several factors are taken into consideration. These may include pain and suffering, disability and impairment, loss of enjoyment of life, bills incurred to treat the injuries, mental anguish, disfigurement, loss of past wages, and loss of potential future wages and more.
New Jersey Injury Laws
Several laws governing injuries are particular to New Jersey injury law. Several examples include:
There is a statute of limitations specifying how long you have after the injury occurs in which to take legal action. New Jersey law dictates that you have 2 years from the date of the accident to file a lawsuit for most personal injury claims.
If you or a family member is the registered owner of an automobile, the type of insurance coverage you or your family member purchased, can determine whether you have a limited or unlimited right to sue, even when you’re not at fault for the car accident. When you have a Standard Policy, you need to elect whether you choose “limitation on lawsuits” or “no limitation on lawsuits”. If you did not specify no limitation, you are automatically in the category of “limitation.” In this circumstance, you must prove that the negligent driver caused a permanent injury that will not heal to function normally. Additionally, the claimed injury must be demonstrated by an objective test, like an x-ray, CT Scan, MRI, or nerve test.
Laws governing injuries in New Jersey dictate that when an injury occurs on someone’s property, that person is liable if they had notice (or should have known) of a defect that could have caused the harm. An exception to this general rule is in the case of a dog bite. New Jersey injury law does not require that the owner had to have known previously of the dangerous propensities of the dog.
Serving Our Clients' Needs
Newark injury law firm of Kirsch, Gelband & Stone takes particular pride in being known for its service to injured parties. For complete knowledge and respectful consultation regarding injury law in New Jersey, contact the law firm of Kirsch, Gelband & Stone today at (973) 623-0100 or use our email contact form.