Automobile accidents are an everyday occurrence in New Jersey. A car accident occurs about every ten seconds across the nation. If you find yourself a victim of a car accident, you probably have some questions that need answers. What happens after an accident may be a complicated process and speaking with an experienced New Jersey personal injury lawyer will protect you from a number of variables.
How long will my case take?
In New Jersey, some cases won’t reach a courtroom for three years, while other cases settle in months. First and foremost, it depends on the severity of the injury that you suffered in the automobile accident. Representing clients over many years, we have an obligation to make sure that the client has either finished treatment for their injuries or have reached a medical plateau before we even consider settling their case. If the car accident was your fault, then that could be a challenge that leads to the matter taking longer than usual. Another important factor is the insurance company. Until the insurance company and you or your attorney reaches a reasonable resolution of your case, your case is not going to settle. We are, by law, bound by New Jersey’s statute of limitations in these cases. If your case proceeds to litigation, the complaint has to be filed within two years of the date of the accident.
Is it necessary to go to court?
One of the most asked questions that we get from our clients is, “Will I have to go to court?” The shorthand answer is the better the case, the less likely it is you’ll go to court. A case becomes problematic when there is an issue as to whose fault the accident was, how much comparative fault is blamed on you for the automobile accident, whether the injuries have been documented properly, and whether the evidence has been accumulated properly. When those things are problematic, then there is a chance that the case will go to court. Most cases will settle and people don’t have to go to court for every case.
What damages are recoverable in New Jersey?
Basically, there are two categories of recoverable damages. The first category is economic loss, out-of-pocket expenses. That will include your property damage, your wage loss, and any unpaid medical bills, assuming the accident wasn’t your fault. The more complicated damages are called non-economic damages, or pain and suffering. If the automobile accident was not your fault, you have the right to recover for your pain and suffering. This doesn’t necessarily just mean the pain and suffering that you went through, but it also means how your quality of life was affected as a result of the accident.
Who will pay my medical bills after a car accident in New Jersey?
We are often asked who’s responsible for medical bills if you’re involved in a car accident. Under New Jersey’s no-fault system, your insurance company is responsible for your medical bills for any reasonable medical treatment that was a result of the accident. It doesn’t matter who is at fault for the automobile accident. You are paying for what is called personal injury protection coverage, or PIP coverage, which pays your medical bills. There is an option in New Jersey that you can choose your private health carrier to be the primary party responsible for your medical bills. Should you choose that option and your primary health carrier pays your medical bills, they could, ultimately, have a right to recovery, or place a lien against any recovery you might make as a result of a lawsuit that you bring for injuries in New Jersey.
Always contact an attorney.
Automobile Accidents and the impending aftermath can be a trying time, physically and emotionally. There are many other issues you will have to consider when dealing with an automobile accident in New Jersey. Always protect yourself and your loved ones by contacting an experienced attorney who can assist you with any question you may have, a possible court case, or a settlement.