Unfortunately, people get hurt in New Jersey every day in all sorts of ways. Sometimes, these injuries happen in “freak accidents,” but in many cases, serious injuries happen because someone simply was not careful, responsible, and reasonable. People who get hurt often find themselves facing hefty medical bills that need to be paid and a lengthy recovery period, both of which can seem quite unfair.
Fortunately, you have options after you are hurt. You can get justice and financial compensation for injuries by taking those who wronged you to court. To succeed in that endeavor, though, you will need good legal representation.
Call Agrapidis & Maroules, P.C., and speak to our personal injury attorneys today at (201) 777-1111.
Injuries Our Lawyers Can Help You with in Jersey City
In law, personal injury cases involve one party getting hurt because another party was negligent or careless. To win a personal injury case, you must show that the defendant’s negligence caused your injuries. How our personal injury attorneys prove that the defendant was negligent will depend on how exactly you were hurt. A wide variety of cases fall under the category of “personal injury”:
Car Crashes
Car accidents are a frequent source of personal injury cases. If a driver is speeding, driving drunk, or otherwise violating a traffic law or acting unreasonably, you may be able to sue them for causing your injuries. Note, though, that many insurance policies in New Jersey do away with a party’s right to sue under some circumstances, so you may want our lawyers to look at your policy before proceeding with a claim.
Slip and Fall Accidents and Other Premises Liability Cases
Slipping and falling is often played for laughs, but it can lead to serious injuries. Victims of slip and fall accidents break bones, suffer permanent back and brain injuries, and incur all sorts of other injuries. Slip and fall cases are one type of premises liability lawsuit, where you sue a property owner or other party for failing to keep their property safe. There are other types of premises liability cases you can sue for, such as collapsing structures, electrocution, and more.
Medical Malpractice
We trust medical professionals to take care of our health. Unfortunately, doctors, nurses, specialists, and other medical professionals can make mistakes just like anyone else, and you can sue them if their negligence led to your injury.
Wrongful Death
The unfortunate reality of personal injury cases is that many injuries that compel victims to file lawsuits may also result in death. If a loved one dies because of another party’s negligence, you may be able to file wrongful death claims to get compensation for their passing. In New Jersey, wrongful death lawsuits are brought by the executor of the deceased’s estate per N.J.S.A. § 2A:31-2. Our lawyers can help determine whether you or someone else can file a claim for a deceased loved one.
When Are You Allowed to File Personal Injury Lawsuits in Jersey City?
In many states, there are no barriers preventing victims from suing parties they believe have wronged them. For numerous personal injury claims, New Jersey law works that way, too. However, state law is slightly different when it comes to certain types of cases.
NJ is a “no-fault” state for car accidents, which means that you can only file a lawsuit if your insurance has an “unlimited right to sue” policy or if you have “serious injuries” under the rules of N.J.S.A. § 39:6A-8(a). This requires the injury to result in death, dismemberment, loss of a fetus, significant disfigurement/scarring, a displaced break, or several other specific injuries before you can sue.
The other way that your right to sue might be limited is if you try to sue your employer. Generally, Workers’ Compensation does not allow this, but you may be able to sue a different party. Additionally, our lawyers can help you get compensation through this insurance system if you were hurt at work, regardless of who caused your injuries.
How Long Do I Have to File Personal Injury Claims in Jersey City?
New Jersey law does not let you sit on a personal injury claim forever. In most circumstances, you must file your claim within two years of being hurt, pursuant to N.J.S.A. § 2A:14-2. Otherwise, you lose your right to go to court or collect damages.
This type of law is called a statute of limitations, which sets a time limit on how long you have to sue. Depending on your circumstances, the time you have to file may go beyond two years. For example, if a doctor fails to diagnose an illness that you discover three years after that medical checkup, you have two years from that point to file your claim since you did not “discover” the injury until three years later.
Two years may seem like a long time. Still, in that time, you will need to recover from injuries, and our lawyers will need to gather enough information to get your case ready to file. Hence, the timeline for getting your case in is often shorter than it initially appears.
Evidence Needed in a Personal Injury Case in Jersey City
When you sue for injuries, you need to have enough proof to win your case. The victim in these cases is called the plaintiff, and they have the “burden of proof and production.” This means you/your lawyers must provide the evidence, including witness testimony, records, and your own testimony about what happened. To win, your case needs to meet the burden of proof – a standard called a “preponderance of the evidence” standard. To meet this, you must convince the judge or jury that your side of the story is more likely than the other’s side.
Call Our Jersey City Personal Injury Lawyers Now
The personal injury lawyers at Agrapidis & Maroules, P.C., can be reached at (201) 777-1111 for free case reviews.