In cases involving personal injury claims against the Port Authority of New York and New Jersey (Port Authority), the statute of limitations is shorter than with a case involving private parties or even other governmental agencies, such as the state or municipalities. A case against the Port Authority must be brought within one year or you will lose your right to file a personal injury claim. In addition, to add to this extra procedural hurdle, a notice of claim has to be filed 60 days prior to filing suit. The relevant statute in New Jersey, N.J.S.A. 32:1-163 provides:
Be Careful to Bring A Lawsuit in Time For Personal Injuries
A person has a limited amount of time to sue for personal injuries. The Statute of Limitations is a law that sets forth the time period by which a lawsuit must be filed. If a plaintiff (the person filing the suit) fails to file the lawsuit within the defined period of time, then the plaintiff will likely be barred from pursuing the case further.
New Jersey law has various statutes that govern how long you have to file a lawsuit. The time limits within which one must file a lawsuit can be found in various statutes, including, but not limited to, the New Jersey Statutes Annotated (N.J.S.A.) at N.J.S.A. 2A:14 and N.J.S.A. 2A:31 (wrongful death actions).
Because of its dense population and busy streets, the City of Hoboken is a dangerous place for unwary pedestrians, bicyclists and drivers with many personal injuries occurring as the result of accidents. The City of Hoboken is one of the most densely populated cities in the United States. As of the Census of 2010, Hoboken had over 50,000 residents. Hoboken is small in geographical area and is also known as the “Mile Square” city. Technically, its geographic area covers a little more than 2 miles, but cramming 50,000 residents into this small an area leads to severe congestion and dangers for both pedestrians and riders of bicycles.
All auto insurance policies in New Jersey require the consumer to choose from one of two options with respect to their right to bring a lawsuit. The two options are: (1) the lawsuit or verbal or tort threshold or (2) the no tort threshold or no lawsuit threshold. Under different policies, the tort options (your right to sue) are referred to as these various names but mean the same thing. Under option (1) you are limiting your ability to sue for certain injuries. Under option (2) you can sue for any injury.
Suffering from a personal injury accident can be devastating not only to the individual injured, but also to the individual’s family members and friends. Our firm often receives inquiries from individuals concerning potential lawsuits against a public entity. Many people are surprised to learn that an individual can seek recovery from a government entity for injuries directly related to their tortuous actions. Unlike personal injury claims against private individuals and entities, the New Jersey Tort’s Claims Act sets forth guidelines in which a plaintiff may recover for the tortuous actions of public entities and public employees.
[John J. Scura III, Esq. explains what to do if you are feeling tricked by your insurance company after an accident in New Jersey]
I wrote a blog on the worst tricks insurance companies use in trying to deny people fair money for their claims after an accident. As a follow up, I wanted to explore what to do if insurance companies use one of these tricks on you and how to best protect yourself going forward:
With New Jersey in the middle of its winter season, injuries due to ice and snow conditions can occur because of the irresponsible actions of property owners and landlords. Commercial and multi-complex residential buildings commonly fail to exercise reasonable care by promptly removing snow and ice following a snowstorm. A victim of a slip and fall accident may secure valuable compensation for their medical expenses, lost wages, pain and suffering, and ongoing disability.
Insurance companies spend billions of dollars each year in marketing to convince the public that they have your best interest at heart. Let’s take a look at some of the slogans: State Farm - Like a good neighbor State Farm is there; Allstate – You’re in good hands with Allstate; Geico -15 minutes could save you 15% or more on car insurance; Progressive – Think easier, think Progressive; Chubb- Peace of mind; Prudential – Let Prudential be your rock or Bring your challenges.
I have represented people against insurance companies for 25 years and can tell you unequivocally that these insurance companies will do anything they can to deny you fair money for your loss whether it be personal injury, property damage or economic loss. In your toughest time of need you will not be in their “good hands” and they will not be your “good neighbor.” Protect yourself and your family after an accident and understand they are not in any way trying to help you.
Ten of the worst tricks insurance companies use in trying to deny people fair money for their claims after an accident are as follows:
If you or a loved one has been involved in a car accident, enlisting the help of an experienced New Jersey personal injury attorney is in your best interest. A knowledgeable and skilled car accident lawyer will do everything possible to ensure that you are awarded the damages you deserve following a motor vehicle accident. In addition to navigating the legal process of filing a personal injury claim, the team at Scura will help to complete important paperwork, negotiate with insurance companies and protect your legal rights to help you win the settlement you deserve. But knowing exactly when it’s time to hire a car accident lawyer can mean the difference between losing out on monetary damages that you are entitled to and feeling comfortable in a proper settlement.
There are many different types of accidents that can qualify for personal injury compensation. If you have been injured in an accident, one of the first things you should do is take the time to consider whether or not someone else is responsible for your injuries. Under personal injury law, if you have been injured in an accident due to a third party’s negligent acts you have the right to file a claim to seek damages. So how do you know when you have a case and when you don’t?