What You Need to Know About Car Accident Claims in New Jersey
Car accidents are a common occurrence. Depending on the details, you have rights during and after a car accident in New Jersey. However, you may have to take certain steps to protect those rights. Here is everything that you need to know about car accidents in New Jersey.
New Jersey is a No-Fault Auto Insurance State
The first thing to know about car accidents in New Jersey is that the state is a no-fault auto insurance state. This means that it doesn’t matter who is at fault for a car accident, initially. Regardless of fault, you will submit a claim with your insurance provider. What they cover, and how much, will depend on your policy.
However, in the event that your damages exceed what is allowed in your policy, you may be able to seek additional compensation from the at-fault driver.
There is a Time Limit on How Long You Have to File a Lawsuit
There is a time limit on how long you have to file a lawsuit in New Jersey. You have just two years from the date of the accident to file a claim. This means that you must file all evidence and file your suit within this time period. If you don’t, it is likely that the court will dismiss your case.
Car Accidents Lawsuits Require You to Prove Fault
If you do decide to file a personal injury lawsuit, you must demonstrate fault. This is evidence that shows the following:
- Duty of care: The responsible person must have had a duty of care for your safety and well-being at the time of the accident.
- Breach of duty: The responsible person must have breached that duty of care. This is usually through negligence.
- Causation: The negligence of the responsible person must have been the cause of the accident.
- Damages: You must prove actual damages that can be compensated.
You can provide evidence for these elements with medical bills, a copy of the police record, witness statements, or photographs. A car accident lawyer can help you build your case.
You May Have to Prove Your Damages
Proving damages includes a calculation of all the costs involved with the accident, including medical bills or property damages. A car accident may lead to a long list of damages including:
- Emergency medical bills
- Ongoing medical bills
- Prescription costs
- Recovery costs
- Temporary transportation
- Necessary household renovations
- Pain and suffering
It can be beneficial to work with a car accident lawyer to come up with this calculation. A lot of car accident cases are actually settled outside of court. It is beneficial to have a calculated value of your case before so you can determine if any offers that you receive appropriately cover your accident’s damages.
Injured in a New Jersey Car Accident?
If you were injured in a New Jersey car accident, it is always a good idea to explore your legal options as soon as possible. Otherwise, if you wait, it may be too late to file a lawsuit to collect the funds that you need to recover. If you’re not sure where to begin, discussing your case with an experienced personal injury lawyer is a good place to begin.
Contact a Union County Personal Injury Lawyer to Discuss Your Car Accident Case in New Jersey
Did you or a loved one sustain serious injuries due to a car accident in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Birkhold & Maider, LLC represent clients injured because of a car accident in Hudson County, Union County, Essex County, Mercer County, and throughout New Jersey. Call (973) 947-4670 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 189 Franklin Avenue, Suite 1 Nutley, NJ 07110, as well as a satellite office in Hamilton, NJ.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.