Morristown Personal Injury FAQ’s

If you or a loved one has been injured, you surely have a lot of questions. Below, New Jersey personal injury attorney John Tierney answers some commonly asked questions. If you need legal representation immediately, or have questions about your specific case, contact us today for a free consultation. Our Morris County personal injury attorneys will fight to get the maximum compensation for your medical bills, lost wages, future injury-related expenses, and your pain and suffering.

Should I file a personal injury case or claim in New Jersey?

If you feel that another’s negligence has caused you injury, and you believe you have facts to prove how they caused you injury, speak with an attorney to determine next steps. Be aware that state-specific time limitations can bar/stop/preclude your suit. So, the earlier the better. Usually, attorneys will provide a free consultation to discuss your potential case.

What is considered a personal injury?

Physical, cognitive, and/or emotional injury, though there are specific thresholds to meet for each type. Also, depending upon the nature of the defendant, different laws and standards may be applied (motor vehicle, public entity, etc..)

What should you do immediately after receiving an injury?

Document the cause with photographs, report the incident to the police, seek immediate medical attention if you have been injured. Determine the identity/address of the proposed defendant.

I have been in an accident and was injured. How soon do I have to file a lawsuit in New Jersey?

Two years usually. However, depending upon the nature of the defendant, other time limitations may apply and could bar/preclude your suit. So it is always best to document the evidence (see, number 1 and 3, above) and speak with an attorney as soon as possible.

What compensation can I recover for personal injury?

Compensatory damages for out of pocket loss, medical expense reimbursement, past and future pain and suffering, and potentially special or punitive damages (assuming they apply and can be proven).

What happens if I am partially at fault for an accident in New Jersey?

The Judge charges the jury that the fault of all parties must be allocated in their verdict and the verdict percentages must result in 100% combined. A fair and reasonable monetary award is rendered by the jury and your percentage of fault (comparative negligence) is deducted from the amount. If you are found 51% or more at fault, your case will be dismissed in New Jersey (“No Caused”).

How long will my personal injury case take?

It can resolve at any time by settlement. Typically, if tried, 18 months-2.5 years.

Can you sue for pain and suffering / emotional distress in New Jersey?

Yes, but different standards apply to emotional distress claims.

Can I really afford a personal injury attorney?

Usually, if an attorney will take your case, it will have little or no up front cost to you. Usually it is largely, if not wholly, based upon a contingency fee: a percentage of the “net” settlement or verdict award after firm expenses are reimbursed.

What should I say to the other side’s insurance company?

You should not discuss the matter with the insurance company. Seek counsel from an accident attorney of your choice and let them build your case and negotiate with the insurance company and/or their counsel.