Frequently Asked Questions About Hiring a Cherry Hill Personal Injury Lawyer
If you’ve been injured in Cherry Hill or elsewhere in South Jersey, you probably have questions about your legal rights, insurance coverage, and whether you have a valid claim. Below are answers to common questions about personal injury cases under New Jersey law.
What qualifies as a personal injury case in New Jersey?
A personal injury case generally arises when someone suffers harm because of another party’s negligence or other legally actionable conduct. Common examples include car accidents, truck accidents, slip and fall injuries, construction accidents, defective products, and dog bites.
Not every injury automatically creates a legal claim. In a negligence case, you generally must establish that another party owed you a duty of care, breached that duty, and caused injuries resulting in legally recoverable damages. Some claims, including certain dog bite and defective product cases, may involve different liability standards.
How do I know if I have a strong personal injury case?
The strength of your case depends on the available evidence, the circumstances of the accident, the nature of your injuries, and whether another party can be held legally responsible.
For example, an accident report may support your version of events, but medical records must also establish the injuries and their connection to the accident. Insurance coverage, comparative negligence, and the long-term consequences of your injuries can also affect the claim.
An experienced Cherry Hill personal injury lawyer can evaluate these factors and identify potential weaknesses or evidence that may strengthen your case.
How long do I have to file a personal injury lawsuit in New Jersey?
Under N.J.S.A. 2A:14-2, most New Jersey personal injury lawsuits must be filed within two years after the cause of action accrues. However, exceptions may apply depending on the circumstances, including the age of the injured person and the type of claim.
Claims involving public entities may require formal notice within 90 days of accrual under the New Jersey Tort Claims Act. Because different deadlines may apply, identifying the responsible parties and applicable filing requirements early is important.
How much does it cost to hire a Cherry Hill personal injury lawyer?
Many New Jersey personal injury lawyers work on a contingency-fee basis. Under this arrangement, the attorney’s fee is generally calculated as a percentage of the recovery rather than charged as an hourly fee.
New Jersey Court Rule 1:21-7 governs contingency fees in many personal injury matters. The written fee agreement should explain the applicable percentage, litigation expenses, and how costs are handled if there is no recovery.
Rosengard Law Group offers free initial consultations, allowing you to discuss your potential claim and legal options without an upfront consultation fee.
Can I recover compensation if I was partially responsible for my accident?
Yes. Under New Jersey’s comparative negligence law (N.J.S.A. 2A:15-5.1), you may generally recover compensation if your percentage of negligence is not greater than that of the defendant or the combined negligence of the defendants against whom recovery is sought.
For example, if you were 25% responsible for an accident and your legally recoverable damages totaled $100,000, your recovery would generally be reduced to $75,000.
Disputes over fault can significantly affect compensation, making witness accounts, physical evidence, accident reports, and other documentation particularly important.
What compensation can I recover in a New Jersey personal injury case?
Depending on the circumstances, compensation may include medical expenses, future treatment costs, lost income, diminished earning capacity, pain and suffering, emotional distress, and other legally recoverable losses.
The nature and severity of your injuries matter, but so do your medical prognosis, financial losses, available insurance coverage, and applicable legal restrictions.
In cases involving permanent injuries, evaluating future medical needs and reduced earning capacity can be especially important. New Jersey automobile insurance laws may also limit recovery for certain non-economic damages.
What should I do immediately after an accident caused by someone else’s negligence?
Your first priority should be obtaining appropriate medical care. If possible, document the scene, preserve photographs, collect witness information, and report the incident to the appropriate authorities or property manager.
Keep medical records, treatment instructions, insurance correspondence, and documentation of missed work. If the accident involves an insurance policy, comply with applicable reporting requirements.
Before signing a settlement agreement or providing a recorded statement to another party’s insurance company, consider obtaining legal advice. Important evidence can disappear quickly, particularly surveillance footage and other electronic records.
What if the insurance company denies my claim or disputes my injuries?
An insurance company’s denial does not necessarily mean you lack a valid legal claim. Insurers may dispute liability, argue that your injuries were caused by a preexisting condition, or question whether certain medical treatment was related to the accident.
Resolving these disputes may require additional evidence, including medical records, physician opinions, diagnostic findings, witness testimony, and documentation establishing how the accident occurred.
Understanding the specific reason for the denial is essential to determining what additional evidence or legal action may be appropriate.
Can I file a personal injury claim if I was hurt on public property?
Potentially. Accidents involving government-owned property, public sidewalks, municipal vehicles, or dangerous roadway conditions may give rise to claims under certain circumstances.
However, claims against public entities are governed by special rules. Under N.J.S.A. 59:8-8, qualifying claims generally require formal notice within 90 days of accrual, subject to limited exceptions.
Liability also depends on the applicable standards under the New Jersey Tort Claims Act. The fact that an injury occurred on government property does not automatically establish government responsibility.
Can I file a personal injury lawsuit if I was injured at work?
Possibly. Most employees injured in the course of employment pursue workers’ compensation benefits, which generally provide medical treatment and certain wage and disability benefits regardless of fault.
New Jersey workers’ compensation law generally limits negligence lawsuits against an employer for workplace injuries. However, a separate personal injury claim may be available against a negligent third party, such as a subcontractor, equipment manufacturer, or other responsible business.
Identifying the relationship between the injured worker, employer, and potentially responsible third parties is essential when evaluating these cases.
Do New Jersey’s no-fault insurance laws prevent me from suing after a car accident?
Not necessarily. New Jersey’s Personal Injury Protection (PIP) system provides certain medical and other benefits regardless of who caused a motor vehicle accident.
However, your automobile insurance policy may include a limited or unlimited right to sue. The limited right to sue generally restricts compensation for pain and suffering unless the injury satisfies a statutory exception, such as a qualifying permanent injury, displaced fracture, or significant disfigurement.
These limitations do not operate the same way for economic damages. The applicable policy and circumstances must be reviewed to determine your options.
For more information, read our Cherry Hill car accident lawyer guide.
Will my personal injury case go to trial, and how long will it take?
Many personal injury cases resolve through negotiated settlements without requiring a trial. However, cases involving disputed liability, serious injuries, multiple defendants, or disagreements over compensation may require litigation.
The timeline depends on the complexity of the case, the medical evidence, whether injuries have stabilized, the availability of insurance coverage, and the progress of settlement negotiations or court proceedings.
Some claims can resolve within months, while complex cases may take considerably longer. The appropriate time to consider settlement depends on whether the available evidence supports a meaningful evaluation of the claim.
How do I know whether a personal injury settlement offer is fair?
A reasonable settlement evaluation considers the strength of the liability evidence, the extent of your injuries, your current and future financial losses, applicable legal restrictions, and available insurance coverage.
An early offer may not account for future medical treatment, permanent limitations, or lost earning capacity. On the other hand, disputed liability or limited insurance coverage can affect the amount realistically recoverable.
Before accepting a settlement, it is important to understand what claims you are releasing and whether the proposed compensation adequately reflects the legally recoverable losses supported by your case.
Have questions about your personal injury claim? Rosengard Law Group offers free consultations for injured individuals and families in Cherry Hill, Camden County, and throughout South Jersey. Call (856) 284-6446 to discuss your situation and legal options.