Perth Amboy Car Accident Lawyer

Driving in heavy traffic often leads to serious accidents, and it can be impossible to avoid in the metro area. Even the best drivers will likely be involved in one or more accidents throughout their driving career. If you or a family member has suffered severe injuries in a crash, contact a Perth Amboy car accident lawyer as quickly as possible. Insurance laws are complicated, but our personal injury attorneys could help you receive the compensation you deserve.

Understanding the Accident Claim Process

New Jersey uses a choice no-fault system for car insurance and car accident claims. Most residents use a no-fault insurance policy, also known as Personal Injury Protection or PIP. Drivers and any passengers injured in a crash typically use their own PIP insurance for medical expenses. However, that does not mean the at-fault driver bears no responsibility.

Liability insurance is still required to cover damages to others’ property, such as a vehicle. Moreover, if the accident caused catastrophic or permanent injury, the injured party may sue the at-fault driver for damages exceeding PIP limits.

At-Fault Insurance in Perth Amboy

As a choice no-fault state, New Jersey residents may also purchase a traditional at-fault insurance policy. These policies allow you to sue the at-fault party for non-economic damages arising from a motor vehicle accident without needing to meet the verbal threshold. These policies are typically more expensive, but offer greater protection. If a driver does not choose this type of policy, their insurance will default to no-fault.

The insurance company may deny that its client is responsible for your car accident. A Perth Amboy attorney could investigate the crash and collect evidence proving that the other driver’s failure to use reasonable care caused the accident and resulted in injuries. The at-fault driver’s insurance may be made to pay your expenses if you can prove negligence.

Catastrophic Injuries and No-Fault Insurance

When you suffer a catastrophic injury in a car crash, your medical expenses will likely exceed the coverage limits of your policy. In such cases, you may be able to file a claim or lawsuit for further compensation.

Drivers with basic policies can only make a claim against the at-fault driver if they suffer a severe injury. New Jersey Statute § 39:6A-8 designates the following  injuries as exceeding the verbal threshold and meriting legal claims outside of the no-fault system:

• Significant scarring or disfigurement
• Displaced fracture
• Amputation
• Permanent loss of function of a body part or system
• Death

A claimant seeking to bring a lawsuit based on a severe injury must provide a certification from their treating physician detailing objective evidence that proves their injury fits within this definition.

Filing these claims also allows you to seek non-economic damages, in acknowledgment of your physical pain, disability, lost enjoyment of life, and mental anguish. A Perth Amboy attorney could prove your non-economic damages through photographs of the accident scene and injuries, videos, statements from you and your family members, and other evidence specific to your case.

An Injured Person’s Negligence Can Impact Compensation

Sometimes, it is clear that one driver’s actions caused an accident. However, in many cases, both parties may have contributed to a wreck. New Jersey uses a modified comparative negligence rule for personal injury claims, assigning a percentage of fault to each party. Under this rule, you are not entitled to damages when found to be more than 50% responsible for the crash or your injuries.

When not primarily responsible for an accident, your compensation is reduced in proportion to your degree of fault. A Perth Amboy attorney could advocate to ensure you do not shoulder excess responsibility for a car accident.

Contact a Perth Amboy Attorney to Pursue Compensation After a Car Crash

New Jersey car accident and compensation laws are complicated and recovering the money you deserve can be challenging if you do not have legal experience. A Perth Amboy car accident lawyer from Voto & Cavalli could ensure you get the compensation you need. At our firm, consultations are free and we do not collect money unless you win your case, so get in touch with us today.