Imagine you’re walking around the streets of New Jersey, soaking in the vibrant atmosphere, when suddenly, life takes an unexpected turn. A slip, a crash, or a fall, personal injuries can happen when we least expect them.
In such moments, the legal procedures might seem complicated and filled with complexities and uncertainties. However, understanding the common defenses used in New Jersey personal injury claims can be your compass through this legal system.
Personal Injury Claims in New Jersey
With its busy cities and thriving communities, New Jersey witnesses its fair share of personal injury claims. These claims can stem from various incidents, such as car accidents, slips and falls, or medical malpractice. When the unexpected occurs and injuries are sustained, the legal journey begins.
1. Contributory Negligence – Unraveling Shared Responsibility:
One of the most common defenses employed in personal injury claims is contributory negligence. Simply put, it’s the argument that the injured party shares some degree of responsibility for their injuries.
New Jersey operates under a modified comparative fault rule, meaning if the injured party is found to be more than 50% responsible for the incident, they may not recover any damages.
2. Assumption of Risk – Handling the Waters of Willful Participation:
Another defense frequently surfaces in personal injury claims is the assumption of risk. This defense asserts that the injured party willingly participated in an activity with full knowledge of the potential risks involved.
For instance, if someone chooses to participate in a contact sport, they might have assumed the risks inherent to that activity.
3. Statute of Limitations – Racing Against Time:
Time plays an important role in personal injury claims, and the statute of limitations is a defense that underscores this urgency.
In New Jersey, the injured party typically has two years from the date of the injury to file a personal injury lawsuit.
Please initiate legal proceedings within this timeframe to avoid the claim being barred.
4. No Causation – The Missing Link:
Causation is a key element in any personal injury claim. Defendants often maintain the defense of no causation, arguing that there is insufficient evidence to establish a direct link between the defendant’s actions and the petitioner’s injuries.
Proving causation becomes pivotal for the petitioner to succeed in their claim.
5. Lack of Medical Evidence – Building a Solid Foundation:
In personal injury claims, medical evidence is the foundation. Defendants may challenge the validity of the injuries by questioning the adequacy or authenticity of the medical evidence presented by the petitioner.
Ensuring a thorough and well-documented medical record becomes important for the injured party.
Expert Opinions about Personal Injury Claims in New Jersey
Legal experts in New Jersey emphasize the significance of understanding these common defenses. Personal Injury attorneys from Rosengard Law Group, with over a decade of experience, affirms, “In personal injury claims, knowledge is power. Understanding these defenses empowers plaintiffs to construct strong cases and handle the legal system effectively, especially those involving personal injury in New York, must have a thorough knowledge of these defenses.”
Also, according to a recent study conducted by the New Jersey Department of Law and Public Safety, contributory negligence remains a prevalent defense, accounting for 35% of personal injury cases in the state.
Additionally, data from the New Jersey Courts reveals that statute of limitations issues result in the discharge of approximately 20% of annual personal injury lawsuits.
FAQs
Can I still file a personal injury claim if I was partially at fault for the accident?
Yes, you can. New Jersey follows a modified comparative fault rule, allowing injured parties to recover damages if they are not more than 50% responsible for the incident.
How long must I file a personal injury lawsuit in New Jersey?
The statute of limitations for personal injury claims in New Jersey is generally two years from the date of the injury. Failing to file within this timeframe may bar your claim.
What should I do if the defendant claims I assumed the risk of injury?
To counter the assumption of risk defense, you must demonstrate that you were not fully aware of the potential risks or that the defendant acted recklessly. Consult with an attorney to strengthen your case.
Conclusion
In the world of personal injury claims in New Jersey, understanding the common defenses is excellent for having a sturdy shield in a legal battle. From contributory negligence to the assumption of risk, each defense reveals a layer of complexity in the legal process.
Armed with this knowledge of personal injury and motor vehicle accident lawyers, individuals handling the effects of a personal injury can confidently pursue their claims, unraveling the complexities of the legal system in pursuit of justice.
