Traffic accidents are not unusual in New Jersey. Following a mishap on the road, injured drivers often have to deal with many things at once, which can be more frustrating when the other party is at fault. New Jersey is one of the dozen states that follows the no-fault rule for car accidents. Following a mishap, you will typically file a claim with your insurer. In this post, we are answering questions about personal injury lawsuits and laws related to car accidents.
The other driver was negligent. Can I sue for compensation?
As we mentioned, New Jersey is not a tort state. You will have to turn to your own insurer and seek compensation for your injuries. However, there are some circumstances when you can possibly bring a lawsuit against the at-fault party. If you have suffered injuries like disfigurement, significant scarring, multiple fractures, loss of a fetus, loss of body part, or any other type of permanent injury, you may have a valid case.
Do I need to worry about deadlines for car accident lawsuits?
The short answer is yes. The statute of limitations sets the time cap for bringing accident lawsuits, and for car accidents and crashes, the deadline is usually two years. In other words, you must file a car accident injury lawsuit within two years from the accident date. The same deadline also applies to wrongful death claims.
I could have been at fault to an extent. Can I sue the other party?
New Jersey follows the modified comparative fault rule, which is unique and allows you to recover money from the other party only when you are 50% or less responsible for the crash. Also, your fault share will decide the final settlement from the compensation you get. For instance, if you were 20% at fault and managed to sue for $1,000,000, you can only recover $800,000 as the final amount for your losses.
Do I need to hire an attorney?
Car accident lawsuits are often hard to deal with, and because New Jersey is a no-fault state, things are more complicated. Consider hiring an attorney who specializes in auto accident claims and lawsuits, and the good part is you don’t have to pay them a fee until you recover money from the other party or the insurance company.
Wait before you make the next move and file your car accident claim – Talk to an attorney first.