CAR ACCIDENTS

Most people are unprepared for the physical, emotional and financial damage that often results from a car accident. Dealing with the insurance company, worrying about paying your medical bills, or missing work and losing valuable income can be stressful and cause anxiety.

After an accident, it is critical that you contact an experienced attorney who can help you understand your possible legal options. The New Jersey car accident lawyers at Pagliara Law Group.

We provide personalized attention to every case we represent, and we charge no fees unless we recover compensation on your behalf. The initial consultation is 100 percent free and comes with no obligation.

AM I ELIGIBLE TO FILE A CLAIM?

As New Jersey is a no-fault state, the answer to this question is generally yes – you may be able to file claim against the personal injury protection (PIP) coverage in your own insurance. In a no-fault state, car insurance companies cover some damages no matter who is found to be at fault for the crash. New Jersey also requires drivers to purchase liability insurance, so your lawyer may be able to file a claim against the other driver’s liability coverage.

While most claims are resolved by recovering compensation from insurance companies, sometimes your lawyer will need to file a lawsuit to obtain compensation. However, the type of policy you purchased affects your ability to file a car accident lawsuit.

As car insurance claims can quickly become complicated, it is important to discuss your accident with an experienced New Jersey car accident lawyer.

WHAT HAPPENS WHEN VICTIMS ARE PARTIALLY AT FAULT?

Unless you are more at fault than the other driver, you could still pursue compensation for your car crash injuries. New Jersey uses a comparative negligence law in situations where the victim is partially at fault. The law says your compensation award will be reduced by your percentage of fault. When you are more at fault than the other driver, you are barred from seeking compensation.

As insurance companies will try to apply this law to deny you compensation, it is important to discuss the situation with a licensed attorney.  At Pagliara Law Group, we are ready to build a strong case to try to prevent the insurance company from assigning you more fault than you deserve.

However, there are times when victims may think they are partially at fault when they are not. If you have questions about your own role in the accident, you should save them for your confidential consultation with an experienced attorney. Telling the insurance company about your concerns could hurt the value of your claim.

COMPENSATION FOR CAR CRASH VICTIMS

We pursue maximum compensation for our clients.  We are not afraid of going to trial.  We know compensation can never change what happened, but it is an important part of the recovery process after an accident. Without compensation, you may not be able to afford the medical treatment recommended by your doctor and the long-term effects of your injuries could be much worse than they otherwise would be.

Compensation can also help keep you and your family out of a financial crisis, if you are unable to work or earn as much money as you used to because of your injuries.

Some common forms of compensation for car crash victims include:

While there are no guarantees in the legal process, injury victims who hire attorneys often recover more compensation than those who do not.

HOW OUR NEW JERSEY CAR ACCIDENT LAWYERS MAY BE ABLE TO HELP

If our New Jersey auto accident lawyers validate your claim in a free legal consultation, we are prepared to handle each step of the legal process on your behalf. We have the legal team and resources to thoroughly investigate, gather evidence, build a strong case and prepare for the courtroom if necessary.

Some of the steps we are prepared to handle on your behalf may include:

Insurance companies will do everything they can to diminish, devalue and even deny your claim – they are only focused on their profits. We know the tricks and tactics they use to try to avoid providing compensation to crash victims. Our experienced attorneys have obtained compensation from many insurance companies.

We are dedicated to the best interests of our clients at every stage of the legal process. We are also prepared to take a case to trial if the insurance company does not offer fair compensation.

FILING AN AUTO INSURANCE CLAIM IN NEW JERSEY

New Jersey is a no-fault state, so drivers often turn to their own insurance first to attempt to obtain compensation. The state requires all drivers to purchase at least $15,000 in PIP coverage, but many drivers purchase more than the minimum.

PIP coverage may provide the following benefits to accident victims:

MEDICAL EXPENSES

New Jersey law states PIP coverage reimburses victims of covered auto accidents for the cost of reasonable and necessary medical, surgical, rehabilitative and diagnostic services. This includes the cost of ambulance services and other transportation and medication.

A treatment is considered medically necessary when it fits three criteria:

• It is the most appropriate level of service in accordance with standards of good practice and standard professional treatment protocols
• Treatment is primarily being done for convenience, either for the victim or medical provider
• There is no unnecessary testing or treatment

PIP coverage may pay for non-medical expenses if they are prescribed by the doctor to treat permanent or significant brain or spinal cord injuries or disfiguring injuries. Examples of non-medical expenses may include the cost of things like:

LOST WAGES

Car crashes often result in injuries that make victims unable to go back to work. Fortunately, your PIP coverage may pay for lost wages while you are out of work. The amount you receive will be based on your income and the terms of your policy.

ESSENTIAL SERVICES

If your injuries leave you unable to do essential services around the house, you may be eligible for compensation to cover the cost of hiring someone to help with those tasks. For example, you may need to hire someone to shovel snow, do laundry, mow the lawn or clean things around the house. PIP policies provide $12 per day for those tasks.

DEATH BENEFITS

When a car crash causes a policyholder to die, and he or she was the family’s income provider, next of kin may receive death benefits (the maximum payout from lost income and essential services benefits). Payment goes to the surviving spouse. If there is no spouse, it goes to the children. If there are no children and no spouse, payment goes to the estate. Next of kin can also seek compensation for funeral expenses. A standard new Jersey PIP policy provides up to $1,000 for funeral expenses.

CAN I SEEK COMPENSATION FROM THE OTHER DRIVER?

Our New Jersey auto accident lawyers are ready to discuss this with you in a free consultation. Drivers are required to purchase a minimum amount of liability coverage for damages from a crash they cause:

• $15,000 per person and $30,000 per accident in bodily injury liability to cover the victim’s medical expenses
• $5,000 per accident to cover damage to the victim’s vehicle and other personal property

While these are the minimum requirements, drivers often purchase higher amounts of coverage.  

WHAT DO I DO IF THE OTHER DRIVER HAS NO INSURANCE?

If you were involved in a hit-and-run accident and the police are unable to locate the driver, or you were involved in another type of accident and the driver does not have insurance, your lawyer may be able to file a claim against the uninsured motorist coverage in your own insurance policy.

Standard auto insurance policies are required to have this coverage. It cannot exceed the amount of liability coverage you selected when purchasing your car insurance policy.

Uninsured motorist coverage may also provide compensation if you are injured in a crash with a driver who has less coverage than your amount of underinsured motorist coverage.

These types of claims are often complicated, as there are often requirements that must be met before you can obtain coverage. That is why talking to an attorney can be an important step after a crash.

WILL I NEED TO FILE A LAWSUIT?

Generally, your lawyer will be able to obtain insurance compensation. However, in some cases, the insurance company refuses to offer fair compensation for the victim. That is why our attorneys are always prepared to go to court to pursue maximum compensation.

That said, the type of insurance policy you purchased will affect our ability to file a lawsuit to recover compensation for pain and suffering. If you purchased a standard policy with a limited right to sue, your lawyer cannot claim pain and suffering in a lawsuit unless you died, suffered a permanent injury or one of the following injuries:

Basic policies also limit accident victims’ right to sue after a car accident.

However, if you purchased a standard policy with an unlimited right to sue, you could file a lawsuit to claim pain and suffering for any type of injury.

DEADLINE FOR FILING A LAWSUIT

New Jersey’s statute of limitations for personal injury claims, including car accident claims is two years from the date of the crash. That means most victims have just two years to file a lawsuit over their crash. If you file after those two years pass, your claim is likely to be dismissed in court.

There are exceptions to this standard deadline, which is why you should strongly consider talking to a licensed New Jersey car accident lawyer about your claim.

COMMON CAUSES OF AUTO ACCIDENTS

Car accidents are most often the result of some form of carelessness, negligence or recklessness by another driver. Our New Jersey car accident lawyers have seen firsthand the devastation that results from many types of accidents, such as:

Some of the most common causes of accidents include:

No matter what caused your accident, our team of accomplished personal injury lawyers are here to help recover fair compensation for you. We know the pain, suffering, and stress that often results from an accident.

CONTACT OUR NEW JERSEY CAR ACCIDENT LAWYERS FOR HELP

Frequently Asked Car Accident Questions

What should I do if I have been injured in a car accident?

If I have been hurt in a car accident, who will pay for my treatment?

The person responsible for the accident (or his or her insurance company) will be responsible for paying for the damage to your vehicle and your medical treatment. In some cases, your personal insurance carrier will also be involved in paying your medical claims.

Do I need a lawyer?

It is highly beneficial to get a legal opinion on your rights and responsibilities as pertaining to the accident. It is in your best interest to have a knowledgeable attorney review the facts of your case before deciding what course of action to pursue—especially if the other driver’s insurance company is offering you a settlement.

An experienced car accident attorney can recommend appropriate medical treatment, negotiate a replacement car, and negotiate a fair and full settlement with the insurance company. This settlement should take into account all of your damages, including your pain and suffering, and having a respected personal injury attorney on your case will spur the insurance company to take your claim much more seriously.

What will this cost me?

In a personal injury case, your attorney is only paid if your claim is successful. Under this model, the attorney’s fee is simply a percentage of your damage award. If you are awarded nothing, you will not have to pay your attorney anything.

Keep in mind that using an experienced attorney can actually increase the amount of financial compensation you receive in a civil lawsuit, so even after the attorney’s fee is paid, you will have more money in your pocket than if you attempted to represent yourself.

When should I file my lawsuit?

There is a two-year statute of limitations on personal injury cases in New Jersey. In other words, you have two years from the date of the accident to file a lawsuit against the responsible party. Failure to file a claim within two years means you will forfeit your right to compensation for your injuries.

With this in mind, it is important to contact a knowledgeable attorney right away, especially if the case involves defective car parts. Corporate attorneys and insurance companies aggressively fight products liability cases because a successful case can open up the door for similar cases and cost the seller a large sum of money. Therefore, it is important to contact an experienced products liability attorney who can obtain engineering reports, develop models or graphics of the product, take detailed statements from witnesses or government representatives, and thoroughly investigate your claim.

Even if the claim does not involve defective car parts, it is in your best interest to be proactive. The sooner your attorney can start on the case, the better chance he or she will have of preserving important evidence and mounting a successful case.

Will I have to go to court?

The vast majority of car accident claims never see trial. Claims are usually put to rest in settlement negotiations or negotiations with insurance adjusters before a court date is ever scheduled.

However, sometimes it is necessary to take a car accident claim all the way through the court process. Perhaps the two parties can’t agree on the exact cause of the accident, or maybe they cannot agree on what constitutes “fair compensation” for the victim’s injuries.

Regardless of whether or not your case goes to court, it is important to hire an attorney who has true trial experience. This will give you a stronger position at the negotiating table because the insurance adjuster or opposing attorney knows that you are ready and willing to take the case to court if you are not offered a fair settlement.