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After a serious accident, it’s natural to wonder whether you have grounds to file a personal injury claim. You may be facing mounting medical bills, missed time at work, and long-term physical or emotional pain. But not every injury automatically results in a successful lawsuit. In New Jersey, specific legal standards must be met in order to pursue compensation.
At Nagel Rice LLP, we’ve represented personal injury victims across New Jersey for over 40 years. If you’re unsure whether you have a valid claim, here’s what you need to know.
1. There Must Be a Duty of Care
To start, you must be able to show that the person or entity you’re suing owed you a legal duty of care. This means they were responsible for acting reasonably under the circumstances to prevent harm.
Examples of legal duty in common personal injury cases:
- Drivers have a duty to follow traffic laws and avoid reckless behavior
- Property owners have a duty to keep their premises safe for visitors
- Doctors and medical providers must meet established standards of care
- Product manufacturers must ensure their goods are safe for use
Without a duty of care, a personal injury lawsuit can’t proceed.
2. There Must Be a Breach of That Duty
Next, you’ll need to demonstrate that the duty of care was breached. This typically means showing that the at-fault party acted negligently, recklessly, or carelessly.
Some examples of breach of duty:
- A distracted driver running a red light
- A store failing to clean up a spill that causes a slip and fall
- A surgeon operating on the wrong body part
- A trucking company that fails to maintain brake systems
This is where strong legal advocacy matters. Proving a breach requires evidence—police reports, eyewitness testimony, surveillance footage, or expert analysis.
3. The Breach Must Have Caused Your Injury
Causation is critical. You must be able to link the breach of duty directly to your injury. If you were already hurt or if something else caused your injuries, the defendant may not be legally responsible.
For example:
- If you slipped and fell but weren’t injured, you likely don’t have a case
- If your injuries stem from a pre-existing condition unrelated to the accident, that weakens your claim
- But if your back injury occurred immediately after being rear-ended by a negligent driver, that supports causation
Medical records, photos, and timelines all help establish this connection.
4. You Must Have Suffered Measurable Damages
To file a personal injury lawsuit in New Jersey, you must show that you suffered actual damages. These may include:
- Medical expenses (ER visits, surgeries, rehab, therapy)
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress
- Property damage (especially in vehicle accident cases)
- Loss of enjoyment of life
- Wrongful death damages (if a loved one passed away)
Without real financial or personal loss, there’s no legal claim—even if someone acted negligently.
5. Time Limits Apply in New Jersey
Under New Jersey law, most personal injury claims must be filed within two years of the date of injury. This is known as the statute of limitations. Miss the deadline, and your right to compensation may be lost forever. Exceptions may apply in:
- Cases involving minors
- Medical malpractice (where discovery of harm may come later)
- Government liability cases (which often have shorter deadlines)
If you’re unsure about the timing, speaking with a New Jersey personal injury attorney as soon as possible is in your best interest.
How an Attorney Can Help You Evaluate Your Claim
Even if you meet all the criteria above, it’s not always easy to assess the strength of your case alone. That’s where legal experience makes all the difference. Trust Nagel Rice to:
- Evaluate whether the duty, breach, causation, and damages elements are satisfied
- Investigate the facts and preserve evidence
- Consult medical or accident reconstruction experts
- Handle insurance company negotiations
- File a lawsuit if necessary to pursue full compensation
We’ve secured over $1 billion in verdicts and settlements for injury victims statewide, including in Essex, Bergen, Morris, and Union Counties. We don’t take shortcuts, and we don’t back down from complex or high-value cases.
Contact a New Jersey Personal Injury Attorney Today
If you were injured and believe someone else is to blame, turn to Nagel Rice, LLP. We’ll listen to your story, evaluate your case, and explain your options—at no cost to you unless we win. Let us help you get the justice and compensation you deserve. Contact us today for a free consultation.