A: There are four
specialty areas of practice that are approved for certification by the Supreme
Court of New Jersey: civil trial law, criminal trial law, matrimonial law and
workers' compensation law.
Q: How do I know if I have a claim for personal
injury?
A: In order to bring a claim for personal
injury, it must be shown that you suffered an injury as a result of the fault of
someone else. Negligence is the failure to act as a reasonably prudent person
would act in the same or similar situation. If someone's negligence
substantially causes or contributes to your injury, you may make a claim for
damages against that person or entity. If you lost income or other
economic opportunities as a result of your injury, you are entitled to be
compensated for those losses, in addition to compensation for pain, suffering,
disability, impairment and lost enjoyments of life. A physical injury
is not always necessary where it can be shown that someone attacked your
reputation with written words (libel) or spoken words (slander), invaded your
privacy or inflicted emotional distress upon you.
Q: How soon after my injury do I have to
file a lawsuit?
A: The Statute of Limitations in New
Jersey is 2 years. If a Complaint has not been filed in the Superior Court
within 2 years from the date of your injury, your rights to pursue your personal
injury claim will be forever lost. In some instances, the 2 year
limitation period will run from the time the injured party first discovers they
are the victim of someone's negligence. You should always consult with an
attorney as soon as possible after an injury to ensure that your rights are
protected.
Q: How can I assist my
lawyer?
A: In deciding whether
to undertake representation in a personal injury claim, the more
information the lawyer has at the outset, the easier it will be to make a
determination. If you have the police report or photographs or medical
records, you should bring all the documentation to your first meeting with the
lawyer. If you do not have any paperwork, your lawyer will obtain the
information on your behalf.
Q: If someone is not negligent, can I
still claim against them for my injury?
A: Individuals or corporate entities can
be held "strictly liable" for injuries resulting form certain activities
considered inherently dangerous, such as the use of explosives or storing
dangerous substances. A dog owner is strictly liable for your injury
if the person's dog bites you, even if the owner was not negligent.
Q: If I make a claim, what happens to the
person who caused my injury?
A: If you were injured in a motor vehicle
accident, the negligent driver usually has auto liability insurance from
which your claim for damages will be paid. If the negligent driver is
uninsured, then you must claim against your own auto insurance company pursuant
to the uninsured motorist coverage on your policy. If the negligent
driver's insurance policy is insufficient to compensate you for the full value
of your claim, then you must pursue underinsured motorist benefits through your
own company to supplement the amount received from the negligent driver's
company. If the person causing your
injury acted recklessly or intentionally, then a court could order that punitive
damages be assessed in order to punish the person. Typically, punitive
damages would not be paid by a person's insurance
company.