What is Considered a Personal Injury in New Jersey?

April 16, 2018
Legally Reviewed By Attorney Rand Spear, Esq.

Every year millions of people visit the emergency room for care after an injury. Some of these injuries are the result of another person’s, or entity’s, negligence. When that is the case, the person who was harmed has a right to bring suit against whomever caused the injury. Determining whether or not that case is winnable, is best left up to a seasoned and successful personal injury attorney.

If you have been injured due the negligence of someone else, the state of New Jersey requires that three conditions are met in order for you to be entitled to a financial recovery for medical expenses, pain and suffering, and lost wages. First, you have to prove that the party who caused your injury had a duty to not injure you, and he or she did not meet that responsibility. Second, you have to prove that there is a link between the other party’s responsibility and your injuries.

What are Common Types of Personal Injuries?

Personal injury that entitles you to sue another person can come in any form as long as the three conditions are met, but they generally fall into these categories:

Motor Vehicle Accident

Car accidents are the cause of most personal injury claims, because they can cause a host of injuries ranging from minor to serious to death. Common car accident injuries include: spinal cord injuries, traumatic brain injuries, lacerations, broken bones, and emotional trauma. Victims of this type of personal injury can be drivers, passengers, bicyclists, or pedestrians.

Medical Malpractice

Medical malpractice happens when a doctor or another medical professional does something, or doesn’t do something that violates the accepted “standard of care” and that causes a patient injury or harm. The “standard of care” used to determine medical malpractice is based on how a comparably qualified professional would have acted in the same or similar situation.

Malpractice cases include, but are not limited to, injuries caused by: misdiagnosis, errors during childbirth, medication mistakes, misread or unperformed tests, surgical errors, and anesthesia mistakes.

Strict Liability

Strict liability says that a person can be held liable for your injury without you having to prove that they were negligent. An example of strict liability is dog bites. New Jersey, like most states, makes a dog owner strictly liable for injuries caused by their dog, even when the dog has never previously shown the propensity to bite.

Product Liability

Products have a requirement to be safe, as long as they are used as intended. If they are faulty, and cause injury or harm, it means that a manufacturer, designer, or distributor can be held liable and the injured person may be entitled to compensation.

Faulty or defective products encompasses a wide range of items. Some examples are:

  • Damaged or faulty furniture
  • Damaged or faulty electrical goods
  • Faulty vehicles, or parts that have not been recalled
  • Contaminated food
  • Medicines with serious side effects that are not specified
  • Contaminated blood used for a transfusion
  • Faulty contraception
  • Defective medical devices

Premise Liability

Home and business owners have a responsibility to make their premises safe. If the premise is not safe, and an injury happens, you may be able to sue for the personal injury you suffered. Slip and falls, inadequate maintenance of the premises, defective conditions on the premises, inadequate security, elevator and escalator accidents, snow and ice accidents, swimming pool accidents, fires, and water leaks are just a few examples of how a personal injury case may result from unsafe premises.

Wrongful Death

Wrongful death lawsuits are possible when someone has been killed by another person’s negligence. Most of these cases result from car accidents, medical malpractice, construction accidents, airplane crashes, or from the use of a defective product.

Getting Help with Your Personal Injury Case

Personal injury lawsuits can be complicated, often requiring the testimony of medical and other experts. It is always in your best interest to have your case evaluated by an experienced personal injury attorney. Attorney Rand Spear in Philadelphia and New Jersey has extensive knowledge of New Jersey personal injury law, and is ready to help you with your case.

Prior results cannot and do not guarantee or predict a similar outcome with respect to any future case. Recoveries always depend upon the facts and circumstances of each case, the injuries suffered, damages incurred, and the responsibility of those involved. This article is not to be considered advise, only the execution of the contingency agreement with this law firm will constitute an attorney client relationship. The contents of this article are for general information only. If you would like to pursue a claim please contact an attorney immediately to discuss your specific facts and circumstances regarding your claim. Some cases accepted by this law firm may be referred to or worked on by other lawyers, depending on the area of practice and specifics of a particular case.