Gregg A. Stone Personal Injury Law Blog on Lawyers.com

Changes in Accident Litigation in NJ

Wednesday, June 17, 2009 by Gregg A. Stone

NJ Tort Reform

New Jersey tort reform is an issue that often invokes a good deal of debate. Recent changes in tort law have likewise brought the debate further into the forefront.

The debate involving New Jersey tort reform calls into question New Jersey accident injury claims, such as a Newark personal injury suit, for example.

Recent rankings have found that personal injury claims in New Jersey tend to have higher compensation levels than in many other states. Similarly, New Jersey is a leading location for mass torts against larger companies, for example group torts against pharmaceutical firms.

Calls for reform seek to limit monetary recover for victims of personal injury in certain situations.

Opponents to tort reform in New Jersey point to the fact that the large degree of mass torts in the state stems from the large degree of major pharmaceutical companies located here. They also indicate that the claim of “frivolousness” to jury awards is largely unwarranted, as judges do recognize what is a “real” case and what is a frivolous one. Further, the basic costs for a law firm to bring any case to trial would truly prohibit the “frivolous” ones from being on their agenda.

Recent Changes in NJ Tort Law

Several recent rulings in NJ tort law seem to lean toward the view that tort law should not be further restricted. For example, a recent ruling in Bries vs. Wyeth indicated that out of state residents could sue NJ based Wyeth pharmaceutical firm, though the case was not allowed in the home state of the claimant.

Similarly, in Bosland vs. Warnock Dodge, it was ruled that claimants can sue before the company attempts to rectify a customer complaint.

These rulings indicate that in many aspects NJ tort law does not seem to be moving in a more restrictive direction regarding the right to sue for neglectful accidents and injuries.

About the Author: Gregg A. Stone, Esq., a Newark injury attorney, can provide you with up to date information on all aspects of NJ tort reform. He focuses on personal injury, auto and truck accident injuries, medical malpractice claims, and workers compensation issues.

Kirsch, Gelband & Stone, P.A., 17 Academy Street, Suite 707, Newark, NJ 07102

Posted at 17:32 PM

Topic: Personal Injury