Guide to Finding New Jersey Injury Lawyer

Guide to Finding New Jersey Injury Lawyer

Share
Guide to Finding New Jersey Injury Lawyer
The statute of limitations for injury cases in New Jersey is two years from the date of injury.  Due to this relatively short period of time in which to file your case, you should consult a New Jersey injury lawyer immediately to understand your right to collect damages from responsible parties as well as the relevant laws that will assign liabilities.  
What is comparative negligence and how might it affect my case?
In comparative negligence, even if the plaintiff was negligent, so long as the other party was more negligent.  Other parties can be held liable for damages, as a proportion of liability, sharing the responsibility of payments for the injured party.  For instance:
You are in a car accident:
- You were on a cellphone, which is negligent behavior when operating a vehicle
- The brakes on the car failed, due to product defect.  The manufacturer held responsible under product liability claims
- Additionally, the mechanic that worked on the car, failed to identify the defect, despite adequate warning about the presence of the defect.  The mechanic was also negligent in checking the car’s tires, which would have held the car stop before the accident, even with the defective brakes
- Under comparative negligence, the court can find that the manufacturer is 60% liable for the accident and the mechanic is 40% liable.  The negligent behavior of the plaintiff is found not to exceed the liabilities of the two parties being sued.  Under New Jersey injury law, the plaintiff may recover full damages from the manufacturer as the liability meets or exceeds 60% of the total liability.
The New Jersey injury lawyer will be able to explain and give estimates as to how comparative negligence might affect your injury case.
What functions can a New Jersey injury lawyer fulfill?
Accident and personal injury law is a very broad legal field and there will be lawyers that specialize in specific aspects of injury law, such as auto accident, medical malpractice, workplace injuries and product defects.  Use your best discretion when choosing a specialist injury lawyer or a general practice New Jersey injury lawyer. 


What should I bring when meeting with an New Jersey injury lawyer?
You must bring relevant items such as police, medical and insurance documents related to the injury to the appointment.  This is so the New Jersey injury lawyer will be able to determine which claims should be made and whom to make these claims against.  For benefit claims, bring all agreements and documentation of the benefits terms and conditions.  The lawyer will use these to determine if the claim is legitimate and can be appealed or litigated.  Be sure to ask questions if you do not understand something the lawyer has said especially on the procedural matters of the case.  It is the duty of the lawyer to make the case as uncomplicated as possible, but it is the duty of the client to understand the process.
What is the role of liability in personal injury cases?
The most important aspect of an injury case is determining liability.  This liability must be proven in court, should the liable party refuse to settle.  Liability is determined in a number of ways, but the most common method of determining liability is to prove that the other party neglecting their duty of care.  Duty of care is the expected level of service or care that would be expected of a normal person or organization.  An abnormal breach of the duty of care is sufficient to warrant a personal injury case.
How do I know my New Jersey injury lawyer is legitimate?
Membership in the New Jersey State Bar Association is not mandatory but with over 17,500 members, finding a reliable lawyer that abides by the rules of professionalism and ethics regulations should not be difficult.  Find a New Jersey injury lawyer that is a member of the State Bar Association, if possible.  There are also county-based bar associations, for a more focused search for a reliable New Jersey injury lawyer.  The New Jersey State Bar Association maintains a lawyer referral service for the public, as well as awarding pro bono awards for lawyers that work for the public interest.
What are the typical rates of a New Jersey injury lawyer?
The type and nature of legal fees for New Jersey injury lawyers will vary from case to case.  Most New Jersey injury lawyers will work on contingency, which will entitle the New Jersey injury lawyer to a percentage of the award.  These lawyers will claim that they will not collect fees unless they win the case.  Court fees will usually have to be paid by the client under this arrangement.  Not every contingency arrangement will entail any fees paid by the client, so ascertain the nature of the relationship before retaining the services of the New Jersey injury lawyer.
A retainer is a fee that remains in a trust account.  Every time the lawyer performs a service related to your case, he charges this account.  Leftover retainer can be returned to the client, but there is also a chance that the attorney will exhaust the retainer and require the client to refill the account.  The retainer does not include court costs, which are also paid by the client.  However, these fees, such as the fees for filing the case, are fixed.  You will usually not need this arrangement when pursuing a personal injury claim and this arrangement can become expensive for lengthy trials that are not settled early.
Take advantage of free consultations when they are available to discuss potential fees and payment arrangements with New Jersey lawyers.  You may be able to arrange low cost and extended payment for legal services at the discretion of the attorney or law firm.


What are questions to ask New Jersey injury lawyers?
How does my case relate to New Jersey state and local laws?
What are your fees and do you have alternate payment plans?
Are you an active member, in good standing, of the New Jersey State Bar Association?
What roles do you play as a member?
Can I please have all fees in writing?
Do you see any potential flaws in my injury compensation claim?
Can you refer me to another lawyer if you are unable to take my case?
Will my negligent actions affect my award in this case?
When facing an injury claims case in New Jersey, an injury lawyer New Jersey will be able to help assess you case for potential liabilities and how the case will be affected by New Jersey law.  Ensure that your case falls within the statute of limitations, which will be two years, according to state law.  An injury lawyer New Jersey will ideally work on contingency, collecting damages only if the case is won.  Under state comparative negligence laws, multiple parties can be held responsible for the injury, as long as their liability in the case exceeds the liability of the plaintiff for his or her own injuries.  The injury lawyer New Jersey will be able to explain the proportional damages system as well as the 60% threshold to collect full damages from a liable party.

Comments

comments

Share

Related Articles


Read previous post:
Guide to Finding Michigan Mesothelioma Lawyer

Close