You already have enough on your mind and you have just recently been involved in an accident. You’re injured but feel powerless as you’re not entirely sure how you can pay for medical bills nor handle the legal issues involved.
The good news is you have rights and a personal injury attorney in NJ can help you identify them. You have the right to compensation for your injuries caused by the negligence of another as negligence laws and statute of limitations can be applied to your case.
You are no legal expert and the insurance company will often try to lowball you or not pay you at all. Because of this, it is important to know your rights and hire a top personal injury attorney in NJ.
After an accident, you are entitled to compensation for your injuries and other damages.
A personal injury attorney in NJ will need to prove a few things in order to obtain compensation on your behalf. They must prove that the other party owed you a duty of care. In other words, they breached their public responsibility of being attentive, careful, and cautious.
It has to be proven by an NJ personal injury attorney that the other party’s breached duty of care caused your damages. Lastly, they must also prove that you suffered damages as a result of the accident. If such elements exist and are proven you will be eligible to obtain compensation.
About Statute of Limitations
Each personal injury case has a certain statute of limitations you and your NJ personal injury attorney must be mindful of.
Statute of limitations vary on a state-by-state basis. In New Jersey, immediately after an accident occurs, you’ll have a two-year window of opportunity to go to court and file a lawsuit.
If your case is not filed within the allotted time it will be difficult for any personal injury attorney in NJ to have your case heard and you will likely lose your right to obtain compensation.
There are rare exceptions to this rule:
The statute of limitations changes if you are filing a lawsuit against a government agency. These exceptions and timeframes can be discussed with your NJ personal injury attorney.
Although you are entitled to compensation when you are involved in an accident, you must keep in mind that there is a comparative negligence rule in New Jersey that can change your claim entirely.
The other party can argue that you had some fault to cause the accident. If it is found that you had some fault for the accident the total amount of compensation can change drastically.
This rule means that depending on the percentage of fault, deductions will occur on the amount of compensation you were entitled to. There is a caveat, however, says one NJ personal injury attorney, that if you are found to be at fault for more than 50% you will not be entitled to any compensation.
Call DeZao Law to Schedule a Consultation Today
Do you have questions about personal injury rights in New Jersey? It’s important that you speak with an experienced personal injury attorney in NJ. Contact the Law Offices of James C. DeZao, P.A. at 866-815-4059 to discuss your case and find an appropriate resolution.