So much goes into filing a personal injury lawsuit, such as gathering evidence, knowing your filing deadline, and calculating your damages. Let our attorneys help you with all of this and more by contacting us about an injury due to negligence immediately. The sooner you do, the sooner we can determine your filing deadline, since missing it has significant consequences.
Assume you have just two years to file your lawsuit, as that is generally the case for personal injury claims. The statute of limitations can pause in some scenarios, giving plaintiffs more time to bring their lawsuits. So that we do not have to rush building your case, call us about an injury right away. This allows us to start tracking your damages immediately, enabling us to make accurate requests for relief. There is always a chance that a personal injury lawsuit will go to trial, which our lawyers can prepare for from the outset.
Agrapidis & Maroules, P.C. can review your case for free when you call our personal injury lawyers now at (201) 777-1111.
When is the Latest I Can File My Personal Injury Lawsuit?
Most likely, the latest you can file your injury lawsuit is two years from the date you were injured. That is the typical personal injury statute of limitations under N.J.S.A. § 2A:14-2, but there are several exceptions to this rule.
For example, if you are injured as a minor in Wyckoff, you have two years from turning 18 to sue, or until your 21st birthday.
The filing deadline gets further and further away the longer a defendant is out of the state. Under § 2A:14-22, the defendant leaving New Jersey may pause the statute of limitations, and our attorneys can see if this tolling exception applies to your case.
Delayed discovery is another common exception to the statute of limitations. You should have two years from the date you discovered your injuries to sue for them, which could differ substantially from the date of injury.
If you file your case too late, the court may dismiss it. Plaintiffs should assume that they only have two years to file their lawsuits and should prioritize doing so accordingly. However, even if it has been two years or more since an accident, you may still have time to sue if a tolling exception applies, so it is still worth reaching out.
Should You Go to the Emergency Room for a Personal Injury?
If you hit your head, suffer a broken bone, sustain bad lacerations, or are otherwise seriously injured, you should go to the emergency room. If you believe less serious injuries are treatable at an urgent care facility, you may also go there.
You should not ignore an injury or delay its treatment. However, if you do not discover an injury right away, it makes sense that your medical records may be delayed.
You should get whatever immediate and ongoing medical care is appropriate for your injury, as that builds medical evidence for your case.
How Do You Build a Personal Injury Lawsuit in Wyckoff?
Building personal injury lawsuits requires time, dedication, resources, and experience, all of which our lawyers are prepared to devote to your case in Wyckoff. Preparing lawsuits is often more involved than plaintiffs anticipate, which is another reason why you should not sue on your own.
We need evidence to build our case. You may have photos, videos, medical records, and other relevant evidence that you can provide to our personal injury lawyers. We can investigate further and gather additional evidence, such as eyewitness statements and surveillance camera footage. Much of this evidence is fleeting, so do not wait to start building your lawsuit.
Building a lawsuit also involves anticipating potential defenses in case the claim goes to trial. This is why having an experienced personal injury lawyer is so important, as you may otherwise be unprepared for comparative fault arguments that might threaten to lower your recovered damages.
What is the Most I Can Recover from My Personal Injury Lawsuit?
New Jersey does not cap any compensatory damages, meaning you can get full compensation for all losses, provided you have proof of them.
That includes all economic damages, no matter how substantial. We can submit medical bills to prove your hospital and rehabilitation expenses and have physicians testify regarding future treatments.
Non-economic damages are also uncapped. These represent victims’ intangible losses, such as emotional distress and mental anguish. Pain and suffering are very real damages for personal injury victims, and our attorneys can quantify yours in Wyckoff.
New Jersey caps punitive damages, which are distinct from compensatory damages, such as economic and non-economic damages. Punitive damages are used to punish defendants for egregious misconduct; therefore, they are not typically available in most injury lawsuits. Punitive damages are capped at the greater of $350,000 or five times the amount of compensatory damages.
What Are the Chances of My Injury Lawsuit Settling in Wyckoff?
In general, the chances of a personal injury case settling without a trial are relatively high. It is common for cases to settle out of court, but that does not mean you should automatically settle your lawsuit.
Whether or not a lawsuit settles depends on each party’s willingness to compromise and their aversion to going to trial. Defendants typically want to avoid court, as plaintiffs face a lower standard of proof known as a preponderance of the evidence standard. At trial, we must demonstrate that the defendant is more likely than not liable for your injuries to obtain compensation, which evidence, such as eyewitness statements, photos, and video footage, can often accomplish.
We may suggest going to trial if we think you can claim more damages from a jury award, especially for pain and suffering. Proceeding with a trial may generate a larger offer from the defense, as they may have a greater incentive to avoid court.
Get Help from Our Injury Lawyers in Wyckoff
Call Agrapidis & Maroules, P.C. at (201) 777-1111 for a free case analysis from our personal injury lawyers.