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Call Us Today (732) 249-0444
While car accidents are by far the most common way in which legal negligence leads to personal injuries, that does not mean that auto wrecks make for simple civil claims. In fact, under current New Jersey car insurance laws, you may not even have the right to file suit against a reckless or careless driver for causing a wreck unless your injuries are serious enough to result in a permanent injury or disfigurement.
Whether you want to pursue compensation through a third-party lawsuit or through negotiations with an insurance provider, help from a Perth Amboy car accident lawyer will make a huge difference in how your case plays out. In addition to collecting evidence of fault for an accident, a qualified personal injury attorney will advocate on your behalf and ensure your insurance provider—or that of the at-fault party—does not take advantage of you and try to pressure you into accepting an insufficient settlement offer.
Most auto insurance policies in New Jersey include personal injury protection (PIP) coverage, which covers economic damages like medical bills up to the limits of the victim’s or the host driver’s individual policy. If the injury victim’s claim is subject to the “limitation on lawsuit” tort threshold, Perth Amboy car accident attorneys can only help claimants seek non-economic damages through a civil lawsuit if the accident in question resulted in permanent or fatal injuries, or any of the following specific conditions:
Victim’s whose injury claim is not subject to the “limitation on lawsuit” threshold need not prove that the injuries satisfy any of the foregoing types of injury. The determination of which tort threshold will apply in any case depends on the facts of the specific case. A lawyer’s help is required to make the determination.
The specific applicable deadline for seeking restitution through a car insurance policy following a car accident will vary from policy to policy and from provider to provider, but it is generally best to get started on the claims process as soon as possible after the incident in question. Conversely, state law sets a concrete filing deadline for all lawsuits seeking civil restitution for personal injuries.
Under New Jersey Revised Statutes §2A:14-2, anyone who wants to hold another party civilly liable for damages stemming from that party’s neglectful or wrongful act must file suit no later than two years after the plaintiff first sustained, discovered, or reasonably should have discovered their injuries. Ensuring compliance with this deadline is another reason why retaining a skilled lawyer is often so important after car crashes in Perth Amboy, as breaching this deadline generally prevents an injured party from recovering any compensation whatsoever.
Uninsured or underinsured motorists claims against a victim’s own insurance company must be filed in Court within six (6) years of the accident
Seeking financial recovery after a serious car wreck is always complicated in New Jersey, thanks to the strict limitations state law places on civil litigation following this particular type of incident. If you suffered severe and/or debilitating harm in an auto accident, though, filing suit may be crucial to preserving your future prospects and best interests. Having your accident-related medical bills promptly paid by the proper insurance company is another reason to seek immediate representation.
A knowledgeable Perth Amboy car accident lawyer could help you pursue the best possible outcome to an insurance claim, civil lawsuit, or combination of both. Call today to learn more.