New Jersey Car Accident Lawsuit
How Do I Know if I Can or Should File a New Jersey Car Accident Lawsuit?
The laws that govern car accidents and legal actions in New Jersey can be a little confusing. The best way to learn about your options and to get advice is to talk to a lawyer or firm specializing in personal injury and car accident cases.
New Jersey handles auto insurance as a choice fault system. This means you can buy a no-fault or an at-fault policy. Which type you have determines whether or not you can file a lawsuit against the negligent driver.
With no-fault insurance, you generally will make a claim with your own policy. If your injuries are severe and meet a threshold outlined by state law, you can sue the negligent party. With fault insurance, you can sue the other driver or negligent party, regardless of the severity of your injuries.
How Will My Lawyer Prove My Case?
If you meet the requirements for filing a lawsuit and choose to do so, your lawyer will go to work proving the defendants were negligent and liable for damages. To do this, they need to show the other driver behaved negligently and that their actions led directly to your accident, injuries, and expenses.
Your lawyer is an expert in proving negligence. They make use of experts, such as mechanics and doctors as well as investigators. They also need their clients to provide as much information as possible. They may need the following from you to build a strong case:
- Medical records and bills related to the accident
- How your injuries affect your life and ability to work
- Your current job and income
- Insurance information
- Contact information for anyone else in the accident and witnesses
What is the Process of Filing a New Jersey Car Accident Lawsuit?
The process of filing a lawsuit in New Jersey is similar to the steps in other states. Your lawyer will begin the lawsuit and take you through the process as your representative and advocate. You may go through some or all of these steps:
- The Complaint
The first step is to file a complaint with the right court in New Jersey. Your lawyer will do this, and it makes the lawsuit official. It describes your allegations and what you want as an outcome. It also notifies the defendants. - The Discovery Period
The discovery period comes next, which is when lawyers on both sides build their cases. Your lawyer may investigate the accident, consult with experts, talk to witnesses, and hold depositions to gather evidence for proving negligence. - Pre-Trial Negotiations
Most car accident and personal injury cases end at this step. Defendants are usually ready to negotiate a settlement after discovery. It’s usually less costly than a jury award. If you can’t get a good settlement amount, you may take your case to trial. - Trial
In court, your lawyer will use testimony and evidence to prove the defendants were negligent in causing your injuries and liable for damages. The jury will decide, and if they decide in your favor, award damages. - Appeals
Even if the jury sides with you, the case may not be over. The defendants may appeal, taking the decision to a higher New Jersey court. Your lawyer will defend the jury verdict there to make sure you get the compensation.
Is it Ever Too Late to File a Lawsuit?
Yes, it can be too late to file. The statute of limitations in New Jersey is two years. It puts a time limit of two years from the time of the accident for filing a lawsuit against the negligent parties.
What is My New Jersey Car Accident Lawsuit Worth?
The amount you may be able to get in a settlement or a jury award depends on factors unique to your situation:
- How severe your injuries are
- Any permanent or long-term disability or disfigurement
- The extent to which your injuries affect your ability to work and earn
- Any wages you have already lost due to the accident
- Medical bills resulting from the accident
- Expected future medical bills
- Emotional and physical pain and suffering
Also, according to New Jersey law, your blame in the accident can also impact your damages amount. A judge will reduce a jury award by the degree to which you are found to be at fault.
Examples of Car Accident Lawsuits in New Jersey
Filing a lawsuit is a big step. If you can get compensated quicker and more easily through an insurance claim, you won’t have to wade through a lawsuit. Sometimes, a lawsuit is the only way to get fairly compensated.
If you’re unsure about filing a lawsuit after a car accident, take a look at examples of what lawyers have done for their clients in recent cases:
- $6.85 Million Settlement for Tractor-Trailer Accident. Jason Appio died in an accident on Route 440 in Woodbridge in 2017. A tractor-trailer struck his vehicle from behind. The driver appeared impaired and was later found to have controlled substances in his bloodstream. Appio’s family sued the driver and his employer, resulting in the settlement.[1]
- $2.3 Million for Traumatic Brain Injury. A 53-year-old woman suffered a brain injury after being struck from behind by a van in Asbury park in 2017. Her injury prevented her from returning to work, and she had been the primary earner for her family. The accident left her with headaches, vision problems, neck pain, depression, and other debilitating symptoms.[2]
- $1.1 Million Settlement for Truck Driver. While driving for UPS in 2017, Philip Smyth was struck by another commercial vehicle when it left its lane on the freeway. Smyth’s vehicle then hit another truck. The negligent driver died in the accident. Smyth ended up with spinal injuries and post-traumatic stress disorder.[3]
These and other cases from around the state illustrate the serious consequences of vehicle accidents. If another driver’s negligence caused your accident and injuries, talk to a lawyer about filing a New Jersey car accident lawsuit. You may have a strong case and be able to recover damages.