Any on-road accident is unfortunate. While New Jersey state laws require drivers to drive with caution, a significant number of mishaps can be attributed to negligence, recklessness, and unruly behavior. If you are a victim of such an accident, you need to understand the various aspects, including the no-fault system. Also, you should seek legal help as soon as possible if you don’t have clarity on how to get compensation for your losses, especially if the other party is responsible. Meet the lawyers of Sattiraju & Tharney for a free consultation. For your help, we have enlisted a few pointers below.
Understanding New Jersey’s no-fault system
Unlike many states that have a fault-based system in place, New Jersey follows the no-fault rule. You will typically have to turn to your carrier and file a PIP car insurance claim to get compensation. If you had chosen “Unlimited Right to Sue” or “Limited Right to Sue”, you may have the option to step outside of the system and sue the party liable for the mishap. Keep in mind that “Unlimited Right to Sue” gives more liberty, but for “Limited Right to Sue”, you can only act when your injuries are severe.
What damages can you recover?
Depending on your insurance, you can recover the cost of medical care & treatment for your injuries along with lost wages. Also, you could recover the cost of “replacement services”. If you lost a loved one in the accident, you can file a wrongful death lawsuit and get death and funeral benefits.
Time cap for motor vehicle accidents
All states have a statute of limitations that sets a time limit for bringing motor vehicle accident lawsuits. The deadline in most cases in New Jersey is two years, and the count starts from the day you were injured. These time caps don’t apply to insurance claims. You will need to file an insurance claim at the earliest.
What if you were at fault?
Like other states, NJ has a “modified” comparative fault rule. If you can step out of the no-fault system because of your injuries or coverage but are also liable for the accident to an extent, you can only sue when your fault share is less than 50%. Also, the final settlement will be adjusted accordingly. Let’s take an example – You are severely hurt in a crash but are also 20% at fault. After suing the other party, you recovered $100,000 in compensation. Because of your fault share, you can only recover $80,000.
Get an attorney without fail
Personal injury lawyers have a dominant role in how clients recover a settlement. Once you have an attorney, they will do the following –
- Listen to your story and check whether you have a valid case
- Evaluate the possible issues that are likely to impact the outcome
- Investigate the case further and gather information from various sources
- Handle the paperwork and claims process
- Negotiate with the insurance company or the third party
- File a lawsuit to ensure you recover all damages
Competent injury lawyers already have contacts and resources, and if needed, they can even find expert witnesses, such as accident reconstruction professionals. You have little to worry about the insurance company’s tactics and can avoid the pressure of the claims adjuster. The good part is your lawyer doesn’t get an hourly rate or retainer fee, but they only get a share of the settlement. In other words, you have to recover money first before they can ask for their fees.
Find a lawyer before you take the first step with your claim to get complete guidance and avoid the usual mistakes.
