Key Terms You Need to Know in NJ Personal Injury Claims

When you’re dealing with a personal injury claim, it can feel like you’re swimming in legal jargon. 

Terms like “plaintiff,” “negligence,” and “comparative negligence” can leave you with more questions than answers. 

At Rosengard Law Group, we know that you’re focused on getting your life back on track, not becoming an expert in legal terminology. That’s where we come in. 

We’re here to break down the key terms you’re likely to encounter in the personal injury claims process. Our goal is to explain them in a way that’s clear and helpful, so you’re not left scratching your head every time you read or hear something you’re unsure about the meaning of. 

Schedule a free consultation with our team by calling (856) 284-6446. We are available 24/7. 

Common Terms Used in Personal Injury Claims in New Jersey

We’ve broken down the common terms you might encounter when pursuing a personal injury claim into several categories: 

1. Parties Involved

First, let’s talk about the key players in any personal injury case.

• Plaintiff: This is you, the injured party. As the plaintiff, you’re the one bringing the lawsuit against the party you believe is responsible for your injuries.
• Defendant: This is the person, business, or entity you’re holding responsible. The defendant may be an individual, like the driver who caused your car accident, or it could be a business, like a store where you slipped and fell.

Understanding who the plaintiff and defendant are is essential, as it shapes the entire case. Your attorney’s goal is to build a strong case showing that the defendant is responsible for your injuries and that you, as the plaintiff, deserve compensation.

2. Types of Damages

In a personal injury claim, you may seek compensation, also known as damages. Here are the main types:

• Economic damages: These cover tangible, measurable losses. This includes medical bills, Future Medical Expenses, lost wages, and property damage. If you had to miss work or pay for medical treatments because of the accident, Economic Damages help compensate you for these direct financial losses.
• Non-economic damages: These cover the more personal losses, like Emotional Distress, loss of enjoyment of life, as well as pain and suffering. While these losses are harder to measure, they can be a significant part of your claim, especially if your injuries have affected your quality of life.
• Punitive damages: These are less common and are meant to punish the defendant for particularly reckless or harmful behavior. New Jersey only awards punitive damages in cases where the defendant’s actions were especially egregious. The goal is to deter them—and others—from behaving similarly in the future.

Our team at Rosengard Law Group will work with you to assess all damages relevant to your case and ensure you seek full compensation for what you’ve endured.

3. Liability and Responsibilities

Understanding liability is crucial. Here are some common types of liability in civil cases: 

• Personal injury: This is the broad term for any physical or emotional injury caused by someone else’s negligence. Personal injury claims can arise from car accidents, slips and falls, or injuries due to defective products.
• Premises liability: This applies when you’re injured on someone else’s property. If a property owner fails to maintain safe conditions and you’re hurt as a result, they may be liable. For instance, slipping on an unmarked wet floor in a grocery store could be a premises liability case.
• Product liability: If you’re injured by a defective product, you may have a product liability claim. In these cases, the manufacturer, distributor, or retailer could be held responsible for selling a product that caused harm. This could involve anything from faulty car parts to defective medical devices.
• Wrongful death: If someone dies as a result of another party’s negligence, their family may file a wrongful death claim. This type of claim seeks compensation for the financial and emotional impact of losing a loved one, including loss of income, funeral expenses, and emotional suffering.

Knowing these types of liability can help you identify who is responsible for your injuries and the best approach for your case.

4. Legal Concepts

A few important legal concepts shape how personal injury claims work in New Jersey. Here’s what you need to know:

• Statute of limitations: This is the time limit for filing your personal injury claim. In New Jersey, the Statute of Limitations for Personal Injury cases is generally two years from the date of the injury (N.J. Stat. § 2A:31-3). If you don’t file within this time, you may lose your right to pursue compensation.
• Negligence: Negligence is at the heart of most personal injury cases. It means that someone failed to act with reasonable care, leading to your injury. To win a negligence claim, you need to prove that the other party (called the “defendant”) owed you a duty of care, breached that duty, and caused your injuries.
• Assumption of risk: This concept applies if you knowingly expose yourself to a risk. For instance, if you attended a sports event and were injured by a stray ball, the defendant may argue that you assumed the risk by attending. While this defense doesn’t apply to all cases, it’s something to keep in mind.
• Comparative negligence: New Jersey follows a comparative negligence rule, which means that if you’re partially at fault for your injuries, your compensation may be reduced by your percentage of fault. For example, if you were 40% at fault for an accident in which you were injured, your compensation would be reduced by that amount. However, if you’re more than 50% at fault, you may not be able to recover damages.

If you or a loved one has been injured and you’re navigating a personal injury claim, you don’t have to do it alone. At Rosengard Law Group, we’re here to explain every term, guide you through each step, and ensure you understand your rights and options. 

Contact us today to discuss your case and let us help you seek the justice and compensation you deserve. Understanding the key terms is just the beginning—now, let’s take action together. Get started now by calling (856) 284-6446. We offer free consultations and are available 24/7.