Trenton Spinal Cord Injury LawyerRequest a Free Consultation
If you or a family member suffered a spinal cord injury due to someone else’s actions, an attorney could help you file a lawsuit. When you are facing an unknown future and substantial medical bills, it may be important to retain a Trenton spinal cord injury lawyer.
A qualified catastrophic injury attorney could work with you to recover compensation that could assist with the payment of your medical bills and other damages associated with the accident. Victims with spinal injuries could face a long road to recovery and may have to undergo rehabilitative services or extensive surgeries, which makes filing a personal injury claim in a timely manner even more critical.
Damage Caps and Time Limits
For a spinal cord injury lawsuit, there are specific limitations and deadlines depending on the type of case being filed. In cases based on vehicle accidents, for example, a victim has a maximum of two years to file a lawsuit.
Any accident victim who fails to file a lawsuit within the specific deadline for his or her circumstances would likely have that case rejected by the New Jersey court system. This means that, if such a situation comes to pass in your case, your right to compensation may be lost unless an exception applies to extend that deadline. A Trenton spinal cord injury attorney could help you ensure that your case is filed on time.
Applicable Shared Fault Laws
Like the rest of the state, Trenton follows New Jersey Revised Statutes §59:9-4. This statute states that if a personal injury lawsuit goes to trial, the amount of compensation to which the plaintiff may be entitled would be reduced by the percentage of fault assigned to him or her. Additionally, if the victim is more than 50 percent responsible for his or her accident, he or she would be ineligible to collect any compensation whatsoever from the other at-fault parties. The comparative negligence rule does not only apply during court cases, so an insurance adjuster might also raise this possibility during settlement talks.
Dealing with the No-Fault PIP System
When it comes to vehicle accident claims in New Jersey, the state follows a choice no-fault system for vehicle accident claims. Vehicle owners can select a standard or basic policy when selecting vehicle insurance coverage.
Both the limited-right-to-sue option under standard coverage and the basic policy are forms of no-fault car insurance, which means that any spinal cord injury claim following a vehicle accident has to be made with the injured driver’s own personal injury protection coverage. However, accident victims can step outside of this system to file a civil lawsuit against the at-fault driver if the crash resulted in any of the following:
- A severe fracture
- Significant disfigurement or scarring
- Loss of a body part
- Loss of a fetus
In the event of particularly egregious negligence on the part of a civil defendant, NJ Rev. Stat. §2A:15-5.14 caps punitive damages at $350,000, or five times the amount of compensatory damages. A knowledgeable spinal cord accident lawyer in Trenton could offer further clarification about how these insurance rules and laws may affect your recoverable compensation.
Seek Legal Support from a Trenton Spinal Cord Injury Attorney
As a victim of a severe back injury, you should not have to deal with a complicated civil claim for compensation alone. Hiring a Trenton spinal cord injury lawyer could help you get on the path to recovery and manage your claim more effectively. Call today to learn more.