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How Does Tort Law Work in New Jersey?

How Does Tort Law Work in New Jersey

Tort law represents an area of law covering most civil lawsuits. Generally, any claim arising in the civil courts, other than contract disputes, is categorized as tort law. All contract disputes are handled under what is known as contract law.
Tort law seeks to right some wrong done to an individual and relieve them from someone else’s wrongful act, usually through monetary compensation. At its heart, tort law is intended to provide complete compensation for proven harms.
In tort law, individuals determined to be responsible for harm caused to others are required to compensate those victims. Common harms associated with New Jersey tort law may include lost income, medical expenses, pain, or suffering. In addition, punitive damages, which are aimed at punishing the plaintiff, may also be awarded.

What is Tort Law?

Tort law generally places lawsuits into one of three different categories:
  • Negligent Tort: Negligent tort refers to the harm done due to a failure to exercise an expected care level. Negligent torts may include medical malpractice and vehicle accidents.
  • Intentional Tort: Intentional tort refers to harm caused by someone else’s willful misconduct. Intentional tort may include cases of theft, fraud, or theft.
  • Strict Liability Tort: Strict liability tort does not concern an individual’s culpability the way intentional torts and negligent torts would. Instead, strict liability centers on the specific activity. For example, the production of a defective product that causes damage would fall under a strict liability tort.

Negligent Tort Example

A motor vehicle accident in New Jersey is a typical example of a negligent tort case. By filing a negligent tort claim following a New Jersey accident, victims can receive compensation for medical expenses, lost income, pain & suffering, and any other damages related to the accident. By hiring a New Jersey car accident attorney with experience in New Jersey negligent tort law, you protect your rights by avoiding any errors in your accident claim.

Intentional Tort Example

Wrongful death lawsuits would be a typical example of intentional tort claims if the death resulted from a crime being committed. For instance, if someone you love dies from injuries sustained in a deliberate assault, you may be able to sue the person who committed the crime. For example, a personal injury attorney can file a New Jersey wrongful death claim on behalf of the victim’s surviving children, spouse, or other beneficiaries of the victim’s estate.

Strict Liability Tort Example

Product liability cases are some of the most common lawsuits involving strict liability tort laws. Product liability laws hold manufacturers and sellers responsible for injuries that result from using defective products. Generally speaking, product liability maintains that a product must meet ordinary safety expectations. A product may fail to meet those standard expectations if it is dangerous or defective. A New Jersey personal injury attorney is best suited to sort out product liability cases and file lawsuits under strict liability tort law.

The New Jersey Tort Claims Act

In New Jersey, tort law is governed by the New Jersey Tort Claims Act. This Title 59 statute represents the controlling authority for proceeding in a personal injury claim against a public entity.
In essence, the New Jersey Tort Claims Act codifies a common-law “sovereign immunity” rule into law, preventing companies or individuals from filing claims against the government. However, Title 59 allows exceptions to the rule, allowing individuals injured due to a public entity’s negligence, in certain circumstances, to bring a claim against the government.

Contact a New Jersey Accident Attorney

Regarding the specifics of New Jersey tort law and the New Jersey Tort Claims Act, it is best to consult an experienced personal injury lawyer who can help guide you.
Whether you or someone you love believes that they have a right to sue another individual or entity under New Jersey’s tort laws,  a New Jersey personal injury lawyer can help you sort it out.
With the help of an accident attorney, you can seek compensation for your medical expenses, pain & suffering, lost income, or other damages if there is evidence of negligence.
Michael Lee, Esq.

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