A tort is defined as an action or lack of an action on the part of a person or an entity that ends up causing harm to some other party or parties.
January 10, 2014 /24-7PressRelease/ -- What qualifies for a personal injury case?
Article provided by Feintuch, Porwich & Feintuch, Attorneys at Law
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Most people in the United States are familiar the term personal injury when referring to a variety of situations. However, not everyone may be completely clear about what truly constitutes a viable personal injury claim in the eyes of New Jersey law. Understanding the different types of situations that are covered by this term can be beneficial for virtually anyone, given that risks abound in everyday life.
Personal injuries result from torts
Legally speaking, a tort is defined as an action or lack of an action on the part of a person or an entity that ends up causing harm to some other party or parties. One example would be a driver that turns the wrong way onto a one-way street and hits another vehicle. Another example would be a grocery store that does not clean up a mess on the floor before a customer walks over it and is the victim of a slip and fall because of it. These are just two types of tort situations.
The Trial Lawyers Association of America reports that 20 percent of all punitive damage awards from federal courts are related to motor vehicle collisions. Another 13 percent result from product liability cases while medical malpractice suits lead to 10 percent of such awards.
As an average, the TLAA believes that 512,000 punitive damage claims are filed on an annual basis with roughly two percent of cases ending up at trial. For those suits that proceed to a trial, the results show:
-Judgments are for plaintiffs in 48 percent of cases
-Plaintiffs receive monetary settlements 84 percent of the time
-Of cases won by plaintiffs, 54 percent are won in trials without juries
-Jury trials represent 46 percent of cases won by plaintiffs
Many personal injury suits are closed for various reasons or settled outside of court precluding the need for a trial.
Basic statutes of limitations in New Jersey
There are different timelines for when a person is allowed to initiate a personal injury lawsuit in New Jersey based upon the nature of the claim. The general statute of limitations is two years for any claim of negligence, product liability, strict liability or wrongful death.
Suits involving assault and battery or defamation are governed by a one-year statute of limitations. Medical malpractice cases follow the two-year statute in many situations but there are exceptions to this depending upon particular facts that be relevant.
Your right to a claim
If you have been injured due to the actions of another party, you have the legal right to attempt to receive just compensation. In such a situation, working with an attorney who has experience handling such cases is very important.
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