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If I’m Partially at Fault, Can I File a Personal Injury Lawsuit in New Jersey?
When you’ve been injured in an accident, the physical pain, emotional distress, and financial burden can be overwhelming. You may be wondering if you could file a personal injury lawsuit, especially if your actions played a role in the incident. In New Jersey, the legal system does allow you to pursue compensation in many situations, even if you were partially at fault for your injury. The process can be more complex when multiple parties are involved; understanding how comparative negligence works is crucial to your case.
New Jersey’s Comparative Negligence Law
New Jersey follows a comparative negligence rule, which means that if you are partially at fault for your injury, your compensation will be reduced by your percentage of fault you are assigned. For instance, if you were found to be 30% at fault for an accident and the total damages were $100,000, your potential award would be reduced by 30%, resulting in a $70,000 compensation.
The court or insurance company will focus on determining your percentage of fault, which will influence the value of your compensation. A qualified New Jersey personal injury attorney can protect your interests and seek to reduce the percentage of fault assigned to you when possible.
What Are the Steps for Filing a Personal Injury Lawsuit in New Jersey?
You might hesitate to pursue a claim if you’re partially at fault for the incident, but it could be well worth your time. It’s essential to remember New Jersey law doesn’t bar you from seeking compensation. Any damages you are awarded could be essential to cover the costs of medical treatment or property loss from the accident. Your New Jersey personal injury attorney will help you navigate the complexities of proving fault and can work to minimize the impact of your own actions on the outcome. Here are some critical steps to take:
Consult an Experienced Personal Injury Attorney
The first step is to contact a personal injury lawyer who can evaluate your case. Call our team at Birkhold & Maider, LLC, for a free consultation. We will help you understand the strength of your claim, determine how comparative negligence might apply, and guide you through the legal process.
Gather Evidence
Gathering evidence to support your case is essential, even if you were somewhat at fault. When you hire our law firm, we will do the work. This could include collecting police reports, medical records, witness statements, photographs, and anything that can establish the facts of the incident. A thorough investigation will help show how the other party may have contributed to your injury.
Assess Damages
Your lawyer will carefully assess the full extent of your damages to ensure you seek the compensation you deserve. This can include:
- Medical expenses: Coverage for hospital bills, doctor visits, surgeries, prescription medications, rehabilitation, and other necessary medical treatments.
- Future medical treatment: If your injury requires ongoing care, such as physical therapy, future surgeries, or long-term medication, these costs can be factored into your claim.
- Lost wages: Compensation for income lost due to time away from work, including future earnings if your injury affects your ability to work long-term.
- Pain and suffering: This includes compensation for the physical pain and emotional distress caused by the injury, which can vary based on the severity and impact on your life.
- Disability or disfigurement: If your injury results in permanent disability or visible scarring, you may be entitled to additional compensation.
- Loss of enjoyment of life: If your injury prevents you from engaging in activities you once enjoyed, such as hobbies, exercise, or family events, you may be compensated for this loss.
- Loss of consortium: In some cases, spouses or family members may be eligible for compensation due to the injury’s impact on the close relationship with the victim, including guidance, support, and intimacy.
Negotiate with Insurance Companies
If the other party’s insurance company is involved, they may try to reduce your compensation by claiming that you were entirely or mainly at fault. Your attorney will fight on your behalf to ensure you are not unfairly penalized for your role in the incident.
Prepare for Trial if Necessary
Your case may go to trial if an acceptable settlement cannot be reached. At trial, your attorney will present evidence and arguments to show that you should be compensated for your injuries despite your role in the accident. In New Jersey, the judge or jury will use comparative negligence to determine the percentage of fault and adjust any damages accordingly.
File Your Claim Today
If you’ve been injured in an accident and think you might be partially at fault, it is worth pursuing legal action. New Jersey law allows individuals to recover compensation even when they are partly responsible, as long as their percentage of fault is not more than 50 percent. You can still receive damages if you bear less than half the fault for your injury.
Delaying your claim can be detrimental to your case. The longer you wait, the harder it becomes to gather critical evidence, such as witness testimony or accident reconstruction reports. Additionally, there are time limits for filing personal injury claims in New Jersey. You could lose your right to sue for damages if you miss these deadlines.
New Jersey Statute of Limitations for Personal Injury Claims
In New Jersey, the statute of limitations for personal injury claims is generally two years from the date of the incident. This means you have a two-year window to initiate legal action; failing to do so within this period may result in you losing your right to seek compensation. This is outlined in New Jersey Statutes Annotated § 2A:14-2(a). For claims involving government entities, a different set of rules apply; you must file a notice of claim within 90 days or lose your opportunity to seek justice and compensation.
Birkhold & Maider, LLC: Compassionate Legal Representation
At Birkhold & Maider, LLC, we understand that being injured and at fault for an accident can leave you overwhelmed and confused about your options. Our experienced personal injury attorneys are here to listen to your story, explain your rights, and fight to help you secure the compensation you deserve. We offer free case evaluations to assess your situation and provide the guidance you need during this difficult time. Don’t hesitate to contact us if you’ve been injured and think you may be partially at fault. We will help you navigate the complexities of New Jersey’s comparative negligence laws and advocate for the best possible outcome for your case.
Contact Birkhold & Maider, LLC today for a free consultation with our Montclair injury attorneys at 973-319-7795. Our Nutley, NJ, personal injury lawyers can be reached at 973-355-7635. Our lawyers are dedicated to securing results and ensuring you receive the justice you deserve.
