Truck accidents, by the very nature of the size and weight of commercial trucks, often result in serious injury and extensive damage. Victims of truck accidents may face lengthy recovery, surgery, significant medical expenses, lost income due to time away from work, and pain and suffering.
Compensatory damages in a personal injury claim
Personal injury law was designed to protect those who have been injured in accidents due to another person or entity’s negligence. In this context, negligence refers to reckless behavior, failure to act responsibly, or violating the law. In a personal injury claim, the injured party files for “compensatory damages”. Compensatory damages refers to monetary compensation that may include medical expenses, lost income, lost earned sick time, and lost vacation time. All of these are measurable losses and the value of each of these is straightforward. Other damages, such as the injured victim’s pain and suffering, are immeasurable; the value of these losses is then estimated.
What are New Jersey’s “shared fault” laws?
In some commercial vehicle accidents, responsibility for the accident lies with more than one party. In this situation, New Jersey follows what is known as a “modified comparative negligence rule”. What this means is that the compensation you are entitled to receive for your injuries is reduced by an amount that reflects your level of responsibility for the accident. So, for example, if it is determined that you share 40% of the liability for the vehicular accident, then you will receive 60% of the compensation. Individuals or entities who are more than 50% responsible for an accident may not receive any compensation from the other party.
How much time do I have to file a personal injury claim in New Jersey?
Each state sets their own legal time limits for filing civil claims in the court system. These time limits are known as the statutes of limitations. In the state of New Jersey, the statute of limitations for personal injury claims is two years from the date the accident occurred. Your personal injury claim must be filed in the New Jersey courts prior to this two-year deadline. Otherwise, the courts may refuse to hear your case and then you may not recover any compensation for the injuries you sustained in the truck accident.
If you have been injured in an accident involving a truck due to their negligence, our injury lawyers can help. The truck accident attorneys at Lomurro Law are experienced and dedicated to obtaining maximum compensation for your injuries. With more than 130 combined years of experience helping individuals and families throughout New Jersey, we stand by our reputation for excellence. Contact our office at 732-482-9285 or online for a free consultation and case review.