5 Surprising Ways New Jersey Personal Injury Law Differs from Other States
The basic concept of personal injury lawsuits seems straightforward: If you are injured due to someone else's negligence, they should pay your medical bills, pain and suffering, and lost wages, right?
Of course, few things truly are that clear and defined. Laws delineate all sorts of finer points (like, what if multiple people are responsible for an accident?) and vary among states and the federal government.
That's why you should always consult an experienced, well-regarded personal injury attorney, like those at Levinson Axelrod. They have the legal expertise, courtroom experience, and institutional knowledge to carefully consider the facts of your case and the applicable law. They offer free case evaluations and consultations, which you can schedule at njlawyers.com or by calling (732) 702-3124.
Without further ado, let's review some of the intricacies of New Jersey personal injury law:
1) If you are partially responsible for your injury, you might get less or no compensation. Under the New Jersey comparative negligence system, you only receive compensation if you are 50 percent or less negligent — and the proportion of your negligence reduces your award. For example, if you are 30 percent at fault in a situation with $100,000 in damages, you would receive $70,000.
2) Your insurance covers your car accident injuries in most cases. New Jersey has a no-fault auto insurance system, so if you're injured in an accident, your Personal Injury Protection covers your medical expenses and some other losses in most cases.
3) Your punitive damages cannot exceed five times your compensatory damages or $350,000, whichever is greater. There is no cap on compensatory damages.
4) The legal process assigns a proportion of the blame to each defendant, and there are rules for how much of the total compensation they must pay. For example, if a defendant is 60 percent or more responsible, they are on the hook for all the economic damages.
5) Medical malpractice cases have an extra early step. Plaintiffs must submit an "affidavit of merit" within a few months of filing the case. It's essentially a written document signed by a qualified medical expert stating "there is a reasonable probability that the defendant’s care fell outside acceptable professional standards."
The average New Jersey resident doesn't know these rules and others like them, but Levinson Axelrod specializes in this area of law. See their article on their website to learn more about key differences in New Jersey's personal injury landscape.
If you or a loved one has been injured because of someone else's actions, schedule a free consultation at njlawyers.com or by calling (732) 702-3124.
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