Morris County Personal Injury Law
Our Morris County injury lawyers have obtained personal injury settlements and verdicts in Morris County and New Jersey. We find that often when someone is injured they do not know where to begin and have many questions including:
- What determines whether I have a personal injury case?
- What role does negligence play in personal injury litigation in Morris County?
- What is strict liability?
- Are there deadlines for filing a lawsuit?
What determines whether I have a personal injury case?
The two basic elements for a personal injury case are sustained injury or damage and harm caused by someone else. Damage may be to possessions such as a car, building, or property, or damage to a legal entity, such as your business. The injury may be physical, emotional, or to your reputation.
What role does negligence play in personal injury litigation in Morris County?
Most Morris County personal injury litigation is based on negligence, which means that the person at fault for the injury had a duty of care and exhibited a lack of care or responsibility, which resulted in harm. An example of negligence would be a building that was not maintained according to fire codes, resulting in a fire that injured or killed building occupants. The court could hold the owner liable.
What is strict liability?
In some cases involving injury, it is not necessary to prove negligence to hold the party responsible. The person is strictly liable for injury. Products liability is an example of strict liability where the manufacturer is responsible to meet safety standards in producing consumer products. When consumers are injured as a result of defective products, the court may hold the manufacturer strictly liable for damages.
Are there deadlines for filing a lawsuit?
Yes. Timelines for filing lawsuits, called statutes of limitations vary for different types of personal injury cases. Statutes of limitations also vary from state to state. Unless the court rules on a legal exception, once the statute of limitation has passed, you lose the right to file a lawsuit. In New Jersey the statutes of limitations are:
- Personal injury—two years from date of injury
- Wrongful death—two years from date of death
- Slander, libel, or defamation—one year from the date of wrongful conduct
- Personal property damage—six years from the date of damage.
- Products liability—two years from either the date injury or reasonable date for injury discovery, or two years from the action or inaction that gave rise to the injury
- Medical malpractice—two years from the date the injury was caused
However, if the party is reasonably unaware of the injury or that the injury was the fault of an identifiable party, the time limit varies. Also, if the injured person was under the age of 21 or insane, the statute does not begin to run until the party is of age or no longer insane.
Arrange a consultation to discuss your personal injury case
If you have been a victim of personal injury, and especially if the injury was catastrophic, you need competent legal counsel to obtain the compensation you deserve whether through a settlement or injury lawsuit. Maskaleris & Associates can help.
Put the considerable experience of our Morris County personal injury law firm on your side to meet the robust challenges presented by insurance company legal teams. Call 1-888-635-1397 or contact us online to arrange a free, confidential, no obligation consultation.
Rely on an experienced lawyer to help you make the right decisions.