Find the Best New Jersey Negligence Attorney for Your Claim
Under New Jersey law, negligence is defined as one party’s failure to act as a reasonable person would to protect the safety of others. When you are injured because someone else was negligent, you have the right to pursue compensation through a general negligence case in New Jersey. Examples of situations that could prompt a New Jersey negligence lawsuit include car accidents, dangerous working conditions, and medical malpractice. If you have been injured due to someone else’s carelessness or recklessness, the best negligence lawyers in NJ can help you to get compensation for your injuries. Call Parker Waichman LLP today to get a free consultation and find the best negligence attorney in NJ for your case.
How Is Negligence Proven?
To put together a successful general negligence claim, the best NJ negligence attorneys must prove four things.
- The injured party (the “plaintiff”) must prove that the defendant owed the plaintiff a duty of care. In other words, the defendant had an obligation to act as a reasonable person would act under the circumstances involving the plaintiff.
- The plaintiff must also prove that the defendant breached this duty of care by failing to act as a reasonable person would have acted.
- Causation, the third element, requires that the plaintiff prove a link between the defendant’s breach of the duty of care and the plaintiff’s injuries.
- The plaintiff must also prove that they suffered significant injuries or financial losses as a result.
The defendant may attempt to argue that the plaintiff was aware that the activity or situation was potentially dangerous but knowingly took on that risk nonetheless, a defense known as assumption of risk. New Jersey law specifically recognizes the concept of assumption of risk in connection with activities such as roller-skating and riding horses. The defendant could also argue that his actions were prompted by an act of God or a sudden emergency, or the defendant could try to shift the blame onto another party. The best negligence attorney in NJ will be prepared to refute all of these arguments.
New Jersey Negligence Statutes of Limitations
Statutes of limitations outline the time limits for legal action in different types of cases. If a plaintiff misses the deadline for filing his or her lawsuit under the statute of limitations, the defendant can use this law to have the suit dismissed.
Statutes of limitations vary by state, and they can also be different based on the type of case. Often, the amount of time you have to file a claim starts on the date that you knew or should have known that you were injured, giving you time to discover that you have grounds for a lawsuit if your injuries are not readily apparent.
Here are some of the New Jersey statutes of limitations for common types of legal claims:
- Assault and battery: Two years
- Contract (in writing): Six years or 16 years
- Contract (oral): Six years
- False imprisonment: Two years
- Fraud: Six years
- Legal malpractice: Six years
- Libel: One year
- Medical malpractice: Two years
- Personal injury: Two years
- Product liability: Two years
- Property damage: Six years
- Slander: One year
- Trespass: Six years
- Wrongful death: Two years
Types of General Negligence
Negligence cases can involve a wide range of situations, including medical malpractice, nursing home abuse, wrongful death, traumatic brain injuries or fire and burn injuries, including gas explosions and fires in high buildings. Types of general negligence include:
- Personal injury
- Dog bites
- Medical malpractice
- Nursing home abuse
- Wrongful death
- Traumatic brain injuries (TBIs)
- Birth injuries
- Serious burn injuries
- Trip and fall injuries
- Motorcycle accidents
- Truck accidents
- Car accidents
- Work accidents
- Construction accidents
Contributory Negligence in New Jersey
New Jersey is a contributory negligence state. This means that you must be less responsible for your injuries than the person(s) or party(ies) you’re suing. If the jury finds that you are more responsible than the other party, you will not be able to recover compensation for your injuries. In addition, the jury is allowed to reduce the amount of compensation you receive by the amount of blame attributable to you. For instance, if the jury finds that you were 40% to blame for your injuries, your award may be reduced by 40%. The best negligence lawyers in New Jersey will be able to present a strong argument on your behalf that minimizes the amount of blame you are assigned.
Get Help With Your New Jersey General Negligence Lawsuit
At Parker Waichman, we’re known for having some of the best negligence lawyers in New Jersey, and we have a long history of successfully fighting for victims of injuries caused by others’ carelessness. When you work with us, we’ll fight tenaciously on your behalf to get compensation for your medical expenses, lost wages, and diminished quality of life. Call 1-800-YOUR-LAWYER (1-800-968-7529) today for a free consultation with one of our experienced general and medical negligence lawyers in NJ and find out more about what we can do for you.