• New Jersey Personal Injury Laws in Car Crash Cases

    Injuries in a car crash in New Jersey are treated similar to other personal injuries in the state. Personal injuries sustained in car accidents have the same statute of limitations and can fall into the same arguments in reference to fault. New Jersey is one of the states that practices shared fault laws. Every state has a limitation on the amount of time an injured party has to file a suit. In New Jersey, regardless of which circumstances an injury was sustained, the injured party has two years from the date of injury to file a lawsuit.

    Shared Fault

    In New Jersey, an accident may be ruled as shared fault. For instance, if you get rear-ended but your brakes were out, it could be decided you were partially at fault for not maintaining your vehicle. It is important to understand how this is ruled as it could affect your payout. This is because New Jersey has a “modified comparative negligence rule” where you get the amount of compensation equal to the percentage you were not at fault.

    To put it more simply, if you were 20 percent at fault for a ruling of $10,000 in damages, you would be awarded $8,000 since the remaining 20 percent, or $2,000, was your own fault. This is applied when the injury lawsuit makes it to trial, but may come up in settlement discussions with insurance adjusters.

    No-Fault in Car Accidents

    In New Jersey, accident claims are filed against your own insurance company unless injuries meet the “serious injury” threshold. While this limits the ability to be compensated for pain and suffering, it does expedite the compensation process. In a no-fault car accident, you may be required to cooperate with your insurance company.

    A no fault claim does not have the same rules as other claims with an insurance company. In most cases, you won’t want to have a recorded conversation with the defendant’s insurer. However, in this type of case, you are required to cooperate with insurance so you don’t have to pay the same type of mind to recorded conversations. In most cases, you will actually be required to give such a statement, along with going to a medical exam with a physician that the no fault insurer has chosen. If you don’t fulfill your end, they are able to end payments.

    If you have been in a car accident in New Jersey, you need legal representation as soon as possible. Contact us today to get a seasoned car accident law firm on your side.

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