In New Jersey, a person has the right to sue if they are injured in a car accident. This means that they can sue the wrongdoer for causing the car accident that injured them. However, there are some personal injury laws in the state that must be followed, or the outcome of a potential lawsuit can be changed. For example, the state has a statute of limitations on car accidents.
What is a Statute of Limitations?
Statute of limitations is the deadline for filing a lawsuit. New Jersey limits the amount of time a person has to file an accident. For instance, a car accident victim has two years to file a lawsuit. If they take longer than two years, then the lawsuit won’t be heard in civil court. This means the case is barred. One example of this is if a person was involved in a car accident on December 31, 2018. They have until December 31, 2020 to file their lawsuit. If they wait until January 1, 2021, then their case is barred. Statute of limitations doesn’t involve the lawsuit being resolved. The case must be filed within that time.
Modified Comparative Fault Can Hurt a Successful Car Accident
A defendant in a lawsuit can defend themselves in a car accident. One available defense is called comparative negligence. Modified comparative negligence, also called comparative fault, claims that the victim actually caused the car accident. The defendant can claim the fault was all on the plaintiff or that they were partially at fault for the accident.
A judge or jury over the case must then compare the actions of the defendant and plaintiff. They look for fault on the plaintiff’s part. If the plaintiff had some fault in causing the accident, their award decreases. The jury award is decreased per percentage. This means that if a plaintiff is 20 percent at fault, then their award decreases by percent 20 percent.
Since New Jersey is a modified comparative fault state, a plaintiff can’t be more than 50 percent at fault for the accident. If they are, then they will not receive any money at all. For example, a plaintiff received a jury award of $100,000. However, they were found 51 percent at fault for the car accident. They will not receive the $100,000 jury award because they were more at fault for the accident than the defendant. However, a personal injury attorney northfield nj will be explain more about this defense.
Contact a Personal Injury Attorney about Factors that can Affect Your Case
Anyone involved in a car accident must contact a personal injury attorney as soon as they can. A lawyer will explain all factors that may change the outcome of their case. They may also prepare a case to fight a modified comparative defense and get the plaintiff the money they deserve. Also, the car accident lawyer will file the car accident lawsuit before the statute of limitations ends. This will help both sides negotiate a settlement and stay out of court.