The process for suing a family member is virtually the same as that for suing any negligent party, apart from the implications of your family relationship, which can make things awkward and even convince some plaintiffs to settle for less than they deserve.
To sue a family member, you need evidence of their liability. Victims may sue relatives after car accidents if they meet the serious injury threshold in New Jersey, or seek compensation for a slip and fall at a relative’s house. You need to know how much compensation to seek in a lawsuit, which our lawyers can calculate by tracking your damages.
For help with your lawsuit against a family member, call the New Jersey personal injury lawyers of Agrapidis & Maroules, P.C. at (201) 777-1111.
FAQs About Suing a Family Member for Injury in New Jersey
How Do I Sue a Family Member for Injury?
You sue a family member for injuries by filing a complaint with the court, which our attorneys can handle. The family member and the defendant will then be notified that the lawsuit has been officially filed, and settlement negotiations may commence.
How Much Time Do I Have to Sue a Family Member for Injury?
New Jersey gives personal injury plaintiffs two years to sue defendants. There are a few exceptions to this rule, and we can see if any apply to your lawsuit.
Is Suing a Family Member for Injury Worth It?
While suing a family member can complicate relationships, it may still be worth it if you suffered a serious or permanent injury that made you incur damages you cannot and should not cover on your own.
Should I Settle My Case if I Sue a Family Member for Injury?
Settling a personal injury case against a family member can keep the details private, which families often prefer. You shouldn’t settle your case for a low amount, however, just because the defendant is your relative.
What Damages Can I Sue a Family Member for in New Jersey?
You can sue a family member for all of the same damages you would for any personal injury defendant: economic and non-economic damages.
What Do I Have to Prove When Suing a Family Member for Injury?
When suing your family member, we must prove that they owed you a duty of care and breached it. We must also prove that the breach of duty directly caused your injuries and damages.
Should I Hire a Lawyer to Sue a Family Member for Injury?
Our Jersey City, NJ personal injury lawyers can make suing a family member less uncomfortable, handle communications with their attorneys, and advocate for your fair recovery.
What Evidence Do I Need to Sue My Family Member for an Injury?
If any other relatives or witnesses to the accident, tell us, and we can obtain their statements as evidence. We can also use any photos you took, as well as your medical records.
Can You Sue a Family Member for Injury in New Jersey?
Anyone who is negligent and injures you may be liable for your damages, even if they are part of your family. You can sue a family member for injury in New Jersey, though doing so is a delicate matter, which is why having an attorney is very important.
We may be able to resolve a case through an insurance settlement after a car crash or a slip and fall on a family member’s property. This is what most parties prefer to avoid, as it strains family relationships. Tell us whether your priority is settling the case with the insurance company or filing a lawsuit and seeking compensation.
When Can You Sue a Family Member for Injury?
Some of the most common accidents that lead to personal injury lawsuits between family members include motor vehicle accidents and slips, trips, and falls.
Car Accident
Car accidents are a top cause of lawsuits against family members. Suppose you’re in the car while a family member is driving, and they are negligent and cause a crash, injuring you. Since New Jersey is a no-fault state, we must prove the injury you sustained passes the “serious injury threshold,” entitling you to sue and recover non-economic damages.
Premises Liability
Homeowners owe relatives and anyone visiting their property a duty of care to keep the premises reasonably safe and free from hazards. If there are any dangerous conditions, the property owner should inform guests. Otherwise, a guest may be injured, making the property owner liable, even if the parties involved are related.
Slips, trips, and falls can happen due to uneven flooring, broken handrails, dim lighting, loose carpets, cracked sidewalks, and other potential hazards around a house and on a property.
What to Do if You Must Sue a Family Member for Injury
Strong evidence may get us a bigger out-of-court settlement, so you don’t have to take your family member to court for a personal injury.
Take Photos
You should always take photos after an accident, whether it is a car crash or a slip and fall. Photos of the aftermath can help us reconstruct an accident and explain exactly what happened to the jury, so do your best to take good pictures from several angles.
Get Medically Evaluated
You shouldn’t wait to get medically evaluated, even if you feel uncomfortable knowing a family member’s negligence injured you. Get injuries assessed and diagnosed so you can begin your physical recovery.
Tell Us About Witnesses
Tell our lawyers if any other members of your family were in the car during an accident or witnessed you trip over a hazard at a relative’s house in New Jersey. Their testimony is invaluable when these lawsuits go to trial, and having their statements may compel a fair out-of-court settlement.
Track Damages
Our attorneys will carefully track all your damages to request an accurate amount and prevent you from undervaluing your claim.
Contact Our New Jersey Injury Lawyers Today
Call the Paterson, NJ personal injury lawyers of Agrapidis & Maroules, P.C. for a free case review today at (201) 777-1111.