Juquanda Bey-Williams v. Bowman Trailer Leasing, LLC, et al.

Newark, New Jersey, personal injury lawyer represented the Plaintiff.



New Jersey personal injury law requires proving that the defendant acted negligently and that their negligence caused your injuries, but also uses a no-fault system for auto accidents where you first file claims with your own personal injury protection (PIP) insurance. Cases are subject to a two-year statute of limitations, and if you are partially at fault, your compensation will be reduced by your percentage of fault under the state's comparative negligence rule.



Key Elements of a Personal Injury Case



To win a personal injury case, you generally must prove four elements, collectively known as negligence:



Duty: The defendant owed you a legal duty of care. For example, a driver owes a duty to other drivers to drive safely.

Breach of Duty: The defendant failed to act with reasonable care, or breached that duty.

Causation: The defendant's breach of duty directly caused your injuries.

Damages: You suffered actual injuries and losses as a result.



New Jersey's "No-Fault" Auto Accident System



Mandatory PIP: New Jersey requires all drivers to carry PIP (personal injury protection) insurance.



Claim Your Own Insurance: If you are injured in a car accident, you will first file a claim with your own PIP insurance for medical expenses and other losses, regardless of who was at fault.

Underinsured/Uninsured Motorist (UIM) Coverage: New Jersey law limits the amount of UIM coverage you can have to the same amount as your liability coverage.



Comparative Negligence



Shared Fault: If you are found to be partially at fault for an accident, your compensation will be reduced by your percentage of fault. For example, if you are 20% at fault and your damages are $100,000, you could only recover $80,000.



Statute of Limitations



Time Limit: New Jersey has a two-year statute of limitations for filing personal injury lawsuits. This means you must file your lawsuit within two years of the injury to have your case heard.



Types of Damages



Compensatory Damages: These cover your actual losses, such as medical bills, lost wages, and pain and suffering.



Punitive Damages: In New Jersey, punitive damages are limited to $350,000 or five times the amount of compensatory damages, whichever is greater, and are awarded in cases where the defendant's conduct was particularly reckless or malicious.

Settled for an undisclosed sum and dismissed with prejudice.