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Car accidents can be emotionally and physically traumatic events. If you or a loved one has been in a car wreck, you may want to hire a Gloucester County car accident lawyer. A Gloucester County personal injury attorney could prevent further stress by helping you recover damages and losses and ensuring that your rights are accounted for. Do not hesitate, to schedule a consultation today.
Who Can Be Held Liable In A Gloucester Personal Injury Case?
New Jersey follows the no-fault insurance system, which means you must use your own auto insurance upfront to cover medical expenses and other losses that are the result of a car accident. You can also file a claim for pain and suffering against the responsible driver’s auto insurance.
If you do not have car insurance, but you reside with a family member who has insurance, your relative’s insurance company may be responsible for your medical expenses and losses. To recover damages for your pain and suffering, you have the option to file a personal injury lawsuit against the at-fault driver.
In certain cases, injury thresholds (known as the verbal threshold or limitation on lawsuit threshold) may apply which require you to prove that your injuries satisfy one of the following requirements: significant scarring or dismemberment, the loss of a fetus or body part, a displaced fracture, permanent injury, or death.
New Jersey State Laws on Car Accidents
New Jersey offers two types of insurance policies: standard and basic. A standard policy offers numerous coverage options and drivers can buy additional protection. A basic policy offers minimal coverage and is not recommended. For either policy, drivers must choose between the limited right to sue or the unlimited right to sue.
Drivers who choose a limited right to sue cannot sue the individual responsible for the accident for non-economic damages unless their injuries satisfy one of six categories – death, loss of fetus, dismemberment, displaced fracture, significant scarring/disfigurement or a permanent injury. An unlimited right to sue gives drivers the right to sue the individual responsible for the accident for pain and suffering regardless of the type of injury sustained. If there was a death involved in your accident, please reach out to our wrongful death lawyers in Gloucester County today.
Deadlines and Limitations for Gloucester County Law Suits
New Jersey has specific deadlines and limitations depending on the type of case that is filed. In car accident lawsuits, victims generally have two years to file a lawsuit. If this deadline is missed, they cannot file a lawsuit against the person responsible for the accident. New Jersey law caps punitive damages at five times the amount of compensatory damages awarded or $350,000, whichever is greater.
Additionally, New Jersey law follows a Modified Comparative Negligence Standard, which means if a plaintiff is responsible for 50 percent of the accident, his or her compensation may be reduced. However, if the driver is found to be at fault for over 50 percent, he or she is not eligible to receive any compensation.
A Gloucester County car accident lawyer could help you interpret and understand New Jersey accident and personal injury laws. They could also process your claim and provide a solid case in court to obtain fair compensation for you.
How a Gloucester County Car Accident Attorney Can Help
Even if your car accident was minor, you may need an attorney to do a great deal of legal research to ensure you receive the compensation you deserve. The best way to protect your rights and recover damages is to contact an experienced Gloucester County car accident lawyer for a claim evaluation.