File a lawsuit promptly if you have clear evidence of negligence and significant injuries, but ensure you’ve completed necessary medical treatment and insurance negotiations.
Always remember New Jersey’s statute of limitations—typically two years from the injury date.
Realizing you may have grounds for a personal injury lawsuit can be relieving, yet overwhelming. Your accident derailed your life, drained your savings, and caused you significant pain. While a personal injury lawsuit cannot turn back the clock, it can help you start moving forward.
When should you file a lawsuit for personal injury? Is this a worthwhile consideration? Here is what you need to know.
When To Sue for an Injury
Your first step is ascertaining whether you have grounds for a personal injury lawsuit. The second step is considering whether filing one is necessary for your goals.
Your case must meet the following four elements of negligence for you to have grounds for a lawsuit:
- The defendant owed you a duty of care.
- The defendant breached their duty of care.
- An accident occurred due to the breach.
- You suffered damages in the accident.
There is a difference between negligence and liability in New Jersey. Negligence involves breaching the duty to take reasonable care of others. Strict liability occurs in certain accidents when a party is automatically liable for injuries as long as they were involved in the incident. For example, manufacturers are often strictly liable for malfunctions that cause injuries.
You only need to be able to prove negligence to have grounds for a personal injury claim. But to make this case worthwhile, you should evaluate the severity of your injuries and their impact on your daily life. If the accident seriously disrupted your well-being, you will have a better chance of securing significant compensation in a lawsuit.
Even if you have grounds for a lawsuit, pursuing one is not always worthwhile. You can often secure adequate compensation through an insurance claim. There are a few situations that may warrant a lawsuit over a claim:
- Insurance settlements do not adequately cover your expenses.
- Settlement negotiations are unsuccessful.
- You are facing significant medical expenses, lost wages, or long-term disability.
Filing a personal injury claim with the at-fault party’s insurance is usually a good first step. You may then consider a lawsuit if you need additional funds to be made whole.
How Long To Wait Before Filing
When should you file a lawsuit for personal injury? Typically, the sooner, the better.
The faster you initiate legal proceedings, the more evidence you will have access to. Witnesses will better remember the details of the accident before too much time has passed. You may also be able to gather evidence from the scene before it is disturbed.
However, there are also a few reasons to delay legal action slightly. You may want to complete medical treatment to understand the full extent of your injuries and the projected recovery timeline. Waiting a few months to gauge your medical outcomes could increase the value of your case, as it may reveal that your injuries will take longer to heal than you previously thought.
You may also need to complete settlement negotiations with the insurance company before pursuing litigation. Negotiations may require a significant amount of back and forth with the insurer, which can take time.
Statute of Limitations in New Jersey
When determining when to file a lawsuit for personal injury, you also need to keep the statute of limitations in mind. This is your filing deadline.
In New Jersey, the statute of limitations for personal injury cases is two years from the date of the injury. There are a few exceptions to this deadline:
- Cases involving minors: If you were a minor at the time of the accident, the statute of limitations will extend to two years after your 18th birthday. For medical malpractice injuries sustained at birth, you have until the child’s 13th birthday to pursue a case. (Note: You cannot sue a minor for personal injury; you would need to sue their parents or guardians on their behalf.)
- Delayed discovery: New Jersey lawmakers understand that you may not discover an injury was due to negligence until sometime after the accident. You would have two years from the date of discovery instead.
- Cases against government entities: If you are suing a government entity, you must file a Notice of Tort Claim within 90 days. You then have six months to wait for a response from the agency before filing a lawsuit.
Keep the statute of limitations in the back of your mind as you think about when you should file a lawsuit for personal injury.
Gathering Evidence for Your Personal Injury Case
If you want to pursue a personal injury case, you need compelling evidence showing that your case meets the four elements of negligence. As the plaintiff, you have the burden of proof in a civil lawsuit. The more evidence you have, the better your odds of successfully securing compensation from the at-fault party.
Civil lawsuits have a discovery period where both sides take the time to gather evidence. All of the following could help support your case:
- Details of medical treatment and documentation: These show the severity of your injuries and prove that they happened because of the accident and were not pre-existing. Medical professionals will also be able to predict your recovery timeline, helping you back up the need for compensation to cover future medical expenses.
- Accident reports: If an officer created an accident report, use it to prove the details of the accident, such as the time and location and a description of the hazard that caused it. Car accidents often have associated police reports, while slip-and-fall and other premises liability cases may involve accident reports created by the business owner.
- Photos and videos of the scene: If the accident was caught on camera, the video footage could go a long way toward supporting your case. If not, taking photos and videos after an accident can still be helpful. Shoot footage of the accident scene and close-up clips of injuries and physical damage. These help paint a picture of how the incident happened and show the position of any hazards to support their contribution to the accident.
- Witness statements: If anyone witnessed the accident, retrieve their contact information and request that they give a witness statement later on. This may help them commit the details of the accident to memory so that they can testify about it in your personal injury lawsuit.
- Personal injury journal: Keep a daily journal where you document your pain and suffering and the progress you are making toward recovery. These details should help prove the accident’s impact on your life and support your need for non-economic damages.
The preservation of evidence is key in accident cases that often are not filed until months or years after the incident. Gather as much proof now as possible before it becomes unavailable.
Why Talking to a Lawyer Is a Good Idea
One of the smartest steps to take when determining whether to file a lawsuit for personal injury is to talk to a lawyer. They will evaluate the details of your accident and determine whether you may have grounds for a lawsuit. They will also explain the legal process and timeline to you and estimate how much your case may be worth. This guidance could help you make a more informed decision about pursuing legal action.
If you decide to pursue a case, hiring a lawyer can greatly assist your ability to seek compensation. Personal injury attorneys bring much to the table:
- An in-depth understanding of complex legal procedures and requirements
- Experience with cases similar to yours, even very specific ones such as personal injury cases involving tourists
- Negotiation skills that help you advocate for fair compensation, both during the settlement process with the insurance company and during your trial
- Access to professional networks and special resources to gather expert testimony and other evidence
All of these benefits may improve your chances of winning your case.
Personal injury lawyers can reduce the stress and hassle of pursuing compensation. While you focus on recovering from injuries, your attorney will file paperwork, communicate with all parties, gather evidence, and represent you in court.
Many personal injury attorneys work on a contingency fee basis. This means you will not need to pay upfront for their services; rather, they will take payment out of your eventual compensation award. It’s worth talking to an attorney about how they can assist you and discussing their fee structure.
Final Thoughts on Filing a Personal Injury Lawsuit
When should you file a lawsuit for personal injury? If your case meets the four elements of negligence, an insurance claim has proven insufficient, and you are facing serious injuries or other damages, you may be able to gain a significant amount of compensation through a lawsuit. It’s important to take timely action to uphold your right to funds and avoid missing the deadline.
Scheduling a consultation with a qualified personal injury lawyer is an excellent first step. At Sadaka Law, we help New Jersey accident victims navigate personal injury cases. Contact us today at 800-810-3457 to schedule a consultation.
