Can I Sue For A Concussion In New Jersey?

In the hustle and bustle of life, accidents happen. If you’ve suffered a concussion in New Jersey due to someone else’s negligence, you might be wondering, ‘Can I sue for a concussion?’

In this comprehensive guide, we’ll break down the complexities of personal injury law in New Jersey concerning concussions.

Understanding whether you can pursue a lawsuit for a concussion involves exploring causes, statutes of limitations, and the role of insurance companies.

Let’s uncover the complexities and empower you with the knowledge you need.

Understand Concussions as Personal Injury

Concussions, often referred to as mild traumatic brain injuries, result from a blow to the head or violent shaking of the body.

These injuries can have far-reaching consequences, affecting cognitive functions and daily life.

When caused by someone else’s actions, a concussion becomes a matter of personal injury, opening the door to legal recourse.

Understanding concussions as personal injuries in New Jersey involves recognizing the legal complexities and potential courses of action available to those affected.

If you find yourself in such a situation, seeking legal counsel becomes important to ensuring your rights are protected.

See also: New Jersey Brain Injury Lawyer

Causes of Concussions as Personal Injury in NJ

Concussions, often resulting from sudden blows to the head or violent body impacts, can lead to personal injury cases in New Jersey.

Understanding the specific causes and scenarios in which concussions occur is pivotal for processing the legal action.

Motor Vehicle Accidents

In the bustling traffic on local roads like the Garden State Parkway or Interstate 287, motor vehicle accidents are a common cause of concussions.

Negligent driving behaviors, such as speeding or distracted driving, significantly contribute to head injuries.

In these cases, New Jersey’s personal injury laws may hold the at-fault driver accountable for the victim’s concussion-related damages.

Sports Injuries

Engaging in sports activities, whether on local fields or at indoor facilities, can expose individuals to the risk of concussions.

From high school games to community leagues, improper supervision, lack of protective gear, or unsafe playing conditions may contribute to head injuries.

Coaches, organizers, or facility owners may be legally responsible for ensuring a safe sports environment under New Jersey laws.

Slips, Trips, and Falls

Handling public places or local businesses like malls or workplaces can sometimes lead to slips, trips, or falls, resulting in concussions.

Uneven surfaces, wet floors, or poorly maintained premises can pose damage.

Property owners or managers have a legal duty to maintain safe conditions, and if they neglect this responsibility, they may be held liable for injuries sustained on their premises.

Assaults or Physical Altercations

In unfortunate instances of assaults or physical altercations, head injuries are a significant concern.

Whether it occurs in a public setting or within the premises of local establishments, individuals responsible for causing harm may face legal consequences.

Criminal charges aside, victims may pursue personal injury claims to seek compensation for their concussion-related injuries.

Workplace Accidents

New Jersey workplaces, from local factories to offices, can be settings for accidents leading to concussions.

Employers are obligated to adhere to safety regulations outlined in state laws.

Failure to provide a safe working environment, whether due to inadequate training or lack of safety measures, can result in employer liability for concussion injuries suffered by employees.

Statute of Limitations for Filing Claims for a Concussion Injury

In New Jersey, time is of the essence when filing a personal injury claim. The statute of limitations dictates the timeframe within which you must initiate legal proceedings.

For concussion cases, the injured party generally has two years from the date of the injury to file a lawsuit.

It’s necessary to consult with an attorney promptly to ensure compliance with this deadline.

In New Jersey, the statute of limitations for personal injury, including concussion cases, is generally two years from the date of the injury.

For instance, if you suffer a concussion in a workplace accident on a local road like Route 78 or Route 46, you have two years from that date to initiate legal proceedings.

Failing to file within the prescribed time may result in the court dismissing your case. Prompt action is important to ensure evidence is fresh, witnesses are available, and legal processes can unfold effectively.

See also: Jersey City Personal Injury Lawyer

Factors Influencing Concussion Lawsuits in New Jersey

Comparative Negligence Laws

1. New Jersey follows a modified comparative negligence system.
2. Compensation is reduced based on the injured party’s percentage of fault.
3. If you’re deemed more than 50% responsible, you may not recover damages.

Role of Insurance Companies and Settlements

1. Insurance companies often play a pivotal role in concussion claims.
2. Negotiating settlements outside of court is common.
3. Seek legal advice before accepting any settlement offer.

Possible Outcomes: Trial vs. Settlement

1. Legal proceedings may climax in a trial or an out-of-court settlement.
2. Trials involve presenting evidence before a judge and jury.
3. Settlements offer quicker resolutions but require careful consideration.

Get Help From an Experienced Personal Injury Lawyer in NJ

Processing through the legal landscape can be challenging, especially when dealing with personal injury claims. An experienced personal injury lawyer, such as the professionals at Rosengard Law Group, can be your advocate.

They specialize in New Jersey personal injury cases and can guide you through the complexities of concussion-related legal proceedings. 

These seasoned attorneys will help you understand your rights, build a strong case, and represent your interests in negotiations or court. 

FAQs

How can I tell if I have a concussion or not?

Look for symptoms such as headaches, dizziness, nausea, and confusion. Seek medical attention if you experience these symptoms after an accident.

How much compensation can I get for a concussion in New Jersey?

Compensation varies based on medical expenses, lost wages, and pain and suffering. Consult with a lawyer to assess the potential value of your case.

How can I prevent or reduce the risk of getting a concussion?

Use protective gear during sports activities, and be cautious in high-risk areas, like construction sites. Drive defensively and obey traffic laws to reduce the risk of motor vehicle accidents.

Conclusion

Suffering a concussion is not just a physical ordeal, it can have lasting effects on your life. Knowing your legal options is important for seeking justice and compensation.

If you’ve been injured in New Jersey due to someone else’s negligence, consult with a personal injury lawyer to explore the best course of action. 

Remember, your well-being matters, and the law is here to ensure you receive the justice you deserve.