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Legal requirements for filing a civil claim
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Legal requirements for filing a civil claim

| Apr 27, 2021 | Uncategorized

Becoming injured after slipping and falling in a New Jersey shop or building can turn a fun shopping trip into an extended hospital stay with piling medical bills. While it is possible to hold a property owner or manager responsible for their negligence in keeping the property safe, it is important to know the legal requirements for filing a case.

Statute of limitations

There is a statute of limitation in civil cases. This means there is a time limit on the victim’s right to have their case heard in court. If a case is filed after the deadline, it is highly likely that the case will be dismissed. In New Jersey, the statute of limitations is two years from the date the cause of action accrued or six years if property damage also resulted.

Contributory negligence

Contributory negligence can lower the amount of damages an injured party can receive. The property owner can argue that the unsafe property condition should have been obvious to the victim or that the victim was not paying attention to where they were walking. As a result, their damages might be reduced by their share of the blame, as long as it is not higher than 50 percent.

Legal assistance

The legal system can be overwhelming and it is difficult to keep track of the legal terminology or requirements in order to make sure one’s case can even be filed. To ensure one gets their day in court and the compensation they deserve, it might be helpful to consult an experienced attorney to understand one’s options after a slip and fall accident.