What is negligence?

Negligence is the failure to use ordinary or reasonable care. With respect to its legal definition, for someone to be liable for negligence, he or she (a) must owe a duty of care to the plaintiff; (b) he or she must have breached that duty of care; and (c) the breach must proximately and actually cause harm to the plaintiff.

What compensation may I claim for my personal injury?

Personal injury victims generally are entitled to recover damages for all losses and expenses they incur because of an accident. Such compensation may include recovery for:

            medical bills;
            lost wages, including overtime;
            pain and suffering;
            physical and/or mental disability;
            disfigurement and permanent scars;
            emotional trauma;
            loss of love and affection; and
            other incidental expenses related to the injury

What is the time limit to file a personal injury lawsuit? 

The limitation period varies from one state to another. In New Jersey, the time limit to file a personal injury lawsuit is generally two years from the date of incident. The time limitation for medical malpractice actions is two years from the incident that gave rise to the injury or two years from the date the injury was discovered or should have been discovered. As to products liability cases, they must be commenced within two years of the date of the injury or two years from the date of the discovery of the injury.

What is medical malpractice?

Medical malpractice is defined as a negligent act or omission by a doctor, nurse or other medical practitioner that causes harm to a patient. Negligence can also arise because of an error in diagnosis or treatment. Hospitals and other medical facilities, may also be liable for medical malpractice for improper care, such as problems with medications and nursing care.

What if I am injured on someone else’s property?

Generally, the owners and tenants of residential, business, or government properties may be responsible for injuries that occur on their premises due to negligence or lack of proper maintenance. Such accidents are sometimes referred to as "slip and fall" injuries. Liability in a slip and fall generally depends on the circumstances of the case, such as who owns the property and whether the injured is a business customer. Depending on who is in control of the premises, usually either the premises owner or the tenant will be held responsible. 

What is the Tort Threshold?

In New Jersey, when purchasing automobile insurance, drivers choose whether there will be a limitation on their right to sue an at-fault driver. If the driver chooses "No Limitation on Lawsuit," he or she can sue an at-fault driver without any limitation on their right to file a claim. However, if the driver chooses "Limitation on Lawsuit," he or she may file suit only if the injuries fall under one of the following categories: (1) death; (2) dismemberment; (3) significant disfigurement or scarring; (4) displaced fracture; (5) loss of fetus; or (6) a permanent injury.