New Jersey Personal Injury to a Family Member

When a personal injury occurs to someone in the household, the law needs to clarify if this is a family member or someone unrelated that lives inside the house. In New Jersey, personal injury claims may lead to litigation when the parties are unable to agree upon a negotiated conclusion through mediation or other ways to end the conflict.

Personal injury claims arise when a family member or an individual suffers an injury at the hands of another. These incidents usually occur due to negligence or reckless behavior. When the family member suffers injury, the rest of the family may also feel the burden of the pain, suffering and loss of income when looking after him or her. While this is not usually enough for grounds of a personal injury claim by the loved one, the injured may still file a claim for compensation. The physical, emotional and mental stress of the family may increase the awards to the victim.
The Additional Personal Injury Claim
Family members that witness the personal injury to the loved one may have an option available to pursue another personal injury claim. This may happen when the psychological damage received from the injury to the person by the loved one is sufficient enough that he or she is not able to function normally after the incident. At this point, the courts may accept the additional personal injury claim for emotional and psychological distress. The trauma from the experience may require healthcare treatment or therapy for the person to get over the injury or death. Then, the perpetrator may face two or more lawsuits.

This instance is the Portee claim in New Jersey. It is for loved ones that witness a horrific injury to a family or loved one such as a mother watching her son sustain severe damage from a person or manufactured item. The original claim is due to the 1980 New Jersey Supreme Court case where a child died in an elevator, and his mother witnessed the incident. She was unable to help him, and many are unable to stop the injury from occurring in similar cases. The damage caused by such events is enough to lead to depression, suicidal thoughts and self-destructive behavior.

Pursuing a Claim in New Jersey
For a family member that suffers a personal injury, he or she may pursue the claim legally if he or she survives the incident. The factors and circumstances of the event may increase or decrease the chances of success. However, hiring a lawyer to litigate is essential. If the case requires the need to explain confusing elements, the plaintiff’s legal party may need to hire an expert witness. Any other witnesses such as family members may provide clear details to the courtroom. It is critical to explain what happened and how the injuries affect both the person and the family during and after recovery.

The primary person that survives the personal injury may see another family member pursuing a claim as well through the Portee rules, but the individual to sustain the injury will need to recovery somewhat first before he or she is able to seek compensation to ensure payment for the treatment to become whole. This person has up to two years to file the claim for a personal injury per the New Jersey statute of limitations. Any time after this, the claim is usually thrown out of the court. While there are exceptions, it is important to follow these rules.
Proving the Case
For a defendant to lose a claim for personal injury, the plaintiff often must show negligence or intentional harm. Either of these categories may work depending on the actions the perpetrator took that led to the harm. Negligent acts frequently cause serious injury or death. When the victim survives, he or she may need to explain the details of the event in the courtroom for the judge or jury panel. Some details of the accident scene may provide supporting evidence as well as any fingerprints or DNA left at the location. To prove the case against the defendant, the plaintiff should hire a lawyer to argue the details.
New Jersey Personal Injury Lawyer Support
Through the support of the New Jersey personal injury lawyer, the legal aspects of the case may become stronger. With the evidence, the injuries and firsthand account of the damage wrought, it is possible to increase the chances of success and win compensation awards to fully recover.