How to File a Personal Injury Claim
If an injured party decides to pursue compensation through a personal injury claim, the following steps should be taken, immediately after an accident, to help adequately pursue a claim:
- Seek immediate medical care – it is essential to have a doctor or medical professional document injuries as early as possible. Throughout the process, it is important that an injured party continue to receive medical treatment.
- Begin collecting evidence – to establish the elements of a personal injury case, an injured party will need to collect evidence like medical records and witness statements.
To file a personal injury claim, an injured party must complete a complaint, a Civil Case Information Statement, and also provide a check or money order in the amount of $250, which constitutes a filing fee. An injured party should make three copies of each form. Two copies will be sent to the court, and the other is for one’s own personal records. The injured party may deliver these papers to the court clerk in person or mail them.
There are two ways to have a complaint served in New Jersey. First, through a sheriff’s officer in the county where the complaint is filed. Alternatively, a private process server or any adult with no connection or financial interest in the case can also serve a complaint.
Remember, an injured party must file the complaint within the applicable statute of limitations. For personal injury claims for adults, the statute of limitations is two (2) years from when the party knew or should have known the injury occurred and, for minors, within two (2) years of the child’s 18th birthday. Be aware that there are unique rules when suing governmental entities like the State of New Jersey, counties, or municipalities. One must file, within 90 days of the accrual of the cause of action, what is called a “Notice of Tort Claim.” Here is the Notice of Tort Claim that can be filed against the State of New Jersey. Regardless of the governmental entity, your Notice of Tort Claim must include:
- The inured party’s name and address;
- the date, location, and the circumstances of the occurrence that gave rise to the claim;
- a general description of the injury, damage, or loss incurred to the extent that information is available;
- the name(s) of the public entity employee(s) who caused the injury or loss, if known; and
- the amount claimed as of the date of the presentation of the claim.
After providing the proper notice, one must wait another six (6) months before filing a lawsuit against the governmental entity. This gives the governmental entity the ability to investigate the claim and perhaps offer to settle the claim before a lawsuit is filed.
We highly recommend consulting with an attorney who can provide insights into the legal process. A lawyer can help evaluate the details of your case, not only in determining if one exists, but also evaluate the potential value of the case. Our firm has extensive experience successfully litigating a wide variety of personal injuries matters for our clients. In 2004, our firm was able to obtain a $14.7 million settlement for our client who suffered from Complex Regional Pain Syndrome after a car ran over her foot in a Mercedes dealership in Englewood. We also were able to settle a case for $12.75 million for our client, who was hit by a New Jersey Transit bus while crossing the street. This is believed to be one of the largest settlements every paid by New Jersey Transit.
The information provided does not, and is not intended to, constitute legal advice. Instead, all information, content, and materials available on this website are for general informational purposes only. Readers of this website should contact an attorney to obtain advice with respect to any particular legal matter. No reader, user, or browser of this website should act or refrain from acting on the basis of information on this website without first seeking legal advice from counsel.
Can I file a personal injury claim?
Injured parties have the right to represent themselves in court with respect to personal injury claims and are not required to be represented by an attorney. If an injured party can get an attorney, however, we highly encourage you to do so. New Jersey laws, the various proofs necessary to present a personal injury claim, and the procedural rules governing personal injury matters are complex. For example, a victim in a medical or professional malpractice case generally typically must file what is called an “affidavit of merit” by a neutral expert asserting that the defendant’s performance was below the standards of the profession.
Since valuable claims or large judgments may be at stake, most litigants appearing in court are represented by an attorney. Please contact us at (973) 228-9898 and let us help you successfully pursue your personal injury claim like the many clients that we have helped over the years. For example, we were able to obtain a $3 million verdict on behalf of a widow who tragically lost her husband after two physicians at University Hospital in Newark committed medical malpractice. The information provided does not, and is not intended to, constitute legal advice. Instead, all information, content, and materials available on this site are for general informational purposes only. Readers of this website should contact an attorney to obtain advice with respect to any legal matter. No reader, user, or browser of this website should act or refrain from acting based on information on this website without first seeking legal advice from counsel.
Do I have a personal injury case?
Evaluating a personal injury claim is a complicated process, and the outcome depends on the specific facts and circumstances of the case. For this reason, personal injury attorneys carefully investigate claims before filing a lawsuit. This requires interviewing witnesses, evaluating medical records and accident reports, and, in some cases, consulting with experts.
For more information, contact us at (973) 228-9898 for a free consultation. We have a proven track record of achieving some of the best results in New Jersey on behalf of our clients. For example, we obtained a $6 million settlement in a case where our client was run over by a school bus and, as a result, suffered severe spinal injuries. The bus driver claimed that our client ran in front of the bus. Through our diligent efforts, we were able to get the bus driver to admit that she lied to the police and that she caused the accident. The information provided on this website does not, and is not intended to, constitute legal advice. Instead, all information, content, and materials available are for general informational purposes only. Readers should contact an attorney to obtain advice with respect to any legal matter. No reader, user, or browser of this website should act or refrain from acting based on information on this website without first seeking legal advice from counsel.
Filing a personal injury claim
To file a personal injury claim, an injured party must complete and file a complaint with the applicable statute of limitations. In New Jersey, and for adults, the statute of limitations is two (2) years from the date when one knows or reasonably should have known of the injury. For minors, the statute of limitations is (2) years from the child’s 18th birthday. Along with the complaint, one must also complete a Civil Case Information Statement and provide a check or money order in the amount of $250, which serves as the filing fee. You should make three copies of each form. Two copies will be sent to the court, while the other is for one’s own personal records. These papers may be delivered to the court clerk in person or mailed.
There are two ways to have a complaint served in New Jersey. First, through a sheriff’s officer in the county where the complaint is filed. Alternatively, a private process server or any adult with no connection or financial interest in the case can also serve a complaint.
Although an injured party is entitled to represent themself in their personal injury matter, we highly encourage that injured parties contact a personal injury attorney. We take pride in the fact that our high-quality, client-oriented representation gets results. For example, in 2009, our firm obtain a $12 million verdict in a case involving the death of a 21-year-old man who tragically died within 12 hours after having his wisdom teeth removed. The oral surgeon knew that the man had an immunity disorder which precluded him from having any surgery or dental work, yet the oral surgeon performed the surgery anyway. It is believed to be the largest oral surgery malpractice verdict in New Jersey and one of the largest in the country. You can also look at our long list of successes. The information provided on this website does not, and is not intended to, constitute legal advice. Instead, all information, content, and materials available are for general informational purposes only. Readers should contact an attorney to obtain advice with respect to any legal matter. No reader, user, or browser of this website should act or refrain from acting based on information on this website without first seeking legal advice from counsel.
How long to file a personal injury lawsuit?
The period in which a person must file a personal injury lawsuit is governed by the “statute of limitations.” In New Jersey, the statutes of limitations require that certain lawsuits be brought within the following periods:
- Personal Injury Lawsuits: for adults, must be filed within two (2) years of the date that one knows or reasonably should have known that the injury occurred. For minors, however, the lawsuit must be filed within (2) years of the child’s 18th birthday.
- Medical Malpractice Lawsuits: for adults, must be filed within two (2) years of the date that one knows or reasonably should have known that the injury occurred. For minors, however, the lawsuit must be filed within (2) years of the child’s 18th birthday.
- Wrongful Death Claims: must be filed within two (2) years of the death at issue.
- Product Liability Lawsuits: must be filed within two (2) years of the date that the injury occurred.
- Legal Malpractice Lawsuits: must be filed within six (6) from the accrual of the case of action.
Please note, however, that there are exceptions to the above periods. For instance, if the injury is not immediately obvious or the victim is not aware of his or her injuries, the statute of limitations can be “tolled.” For example, where an individual is exposed to asbestos and, decades later, is diagnosed with a terminal illness related to that exposure, or where a patient discovers that a medical instrument, such as a sponge, was left inside his or her body years after a medical procedure.
Whether the statute of limitations has run in a case is a legal issue that depends on the type of case, when the incident giving rise to the injury occurred, and when an injured party becomes aware of it. For more information, contact us at (973) 228-9898 for a free consultation. The information provided on this website does not, and is not intended to, constitute legal advice. Instead, all information, content, and materials available are for general informational purposes only. Readers should contact an attorney to obtain advice with respect to any legal matter. No reader, user, or browser of this website should act or refrain from acting based on information on this website without first seeking legal advice from counsel.