Have You Been Injured in a Car Accident in Monmouth County, New Jersey?
All drivers on the roadways in New Jersey have a duty to drive their vehicles in a safe and prudent manner, in addition to obeying all traffic laws. If an individual fails to fulfill this duty and causes a car accident, they can be held responsible for the harm that is caused. With that said, the law in New Jersey applies differently depending upon many factors, including the motor vehicle insurance that the parties involved had at the time of the accident. If you have been injured in a car accident in Monmouth County or elsewhere in New Jersey, it is highly advisable to get answers specific to your car accident injury claim as soon as you can.
Our Monmouth County car accident attorneys represent individuals who have been involved in car accidents throughout the region. We maintain a select group of trial lawyers who refuse to let you become another name in a file. Our individualized approach to personal injury representation is based on a commitment to excellence – we know what it takes to win maximum compensation in your car accident claim. We are dedicated to assisting you through every step of the legal process and will use all of our knowledge and experience to deliver the best outcome in your case. Our aggressive trial lawyers will not back down to powerful interests or insurance companies who are desperate not to pay. To speak with a Monmouth County injury lawyer at our firm who will answer all of your questions, call our local office at 732-825-6120 or reach out online to request a free consultation.
Involved in a Car Accident? What to do Next
It is important to act quickly after you have been injured in a car accident, whether the injury you suffered was to property only or to your person as well. A number of different statutes establish a time limit on when you may file a personal injury claim in New Jersey. The clock generally starts ticking in car accident cases on the date of the injury, meaning the day that the accident occurred. Any suit involving injury to real or personal property, including your car, must be filed within 6 years from the date on which that injury occurred. Personal injury lawsuits, including those where you suffer medical injury in a car accident, must be brought more quickly, within just 2 years of the date of the accident. If you suffered any type of harm in a car accident, you are well-advised to consult a lawyer with experience trying personal injury cases as soon as possible after the accident. Your attorney may need weeks or months to investigate your claim prior to filing. The most important thing is to begin the investigation as soon as possible and build the most comprehensive and compelling claim for damages.
When You Have a Car Accident Claim in Monmouth County
There were 4,028 car accidents resulting in injuries in Monmouth County in 2017, according to the latest data from the New Jersey Department of Transportation. If you are among the thousands injured in Monmouth County car crashes, there are some very important things you need to know. New Jersey is among the few states that has adopted a no-fault car insurance system. Injured individuals generally pay for medical treatment and other losses through their own car insurance coverage first, regardless of which party caused the accident. If you recover money through your own no-fault car insurance policy, you generally will not be entitled to non-economic damages for pain and suffering through that policy. This does not mean that you cannot recover damages for pain and suffering from the other driver, however. The specific components of your insurance policy will go a long way toward determining the type and amount of recoverable damages in your case.
Generally, New Jersey insurance policies that offer only “basic” coverage include a “limitation on lawsuit” provision. The limitation on lawsuit provision of New Jersey law states that an individual will not be able to recover non-economic damages resulting from a car accident unless the individual is able to establish that his or her injuries fit into certain specific categories, such as a displaced fracture or a permanent injury. Essentially, an injured person with a basic car insurance policy can only recover personal injury losses for injuries like the loss of a body part, death, or other serious conditions like disfigurement or scarring. This limitation does not extend to claims for damage to your vehicle. Individuals with basic policies can still recover money for damage to their car from an at-fault driver.
“Standard” car insurance policies, unlike “basic” policies, may have “unlimited right to sue options” that permit you to recover pain and suffering damages from an at-fault driver who acted negligently. Depending on your insurance and how to accident occurred, may be able to recover compensation for a variety of economic and non-economic damages. The value of your car accident claim and the proofs required to prove your case are very specific. You should speak with a knowledgeable New Jersey car accident lawyer who evaluate your individual car accident and provide answers that apply to you and your injuries.
How do I Recover Compensation for Monmouth County Auto Accident Injuries?
Generally, assuming that your New Jersey auto policy permits you to sue the at-fault driver who injured you, you must prove that the other driver negligently caused the car accident to recover compensation from them. To prove negligence, you must show that the other driver owed you a duty of care (i.e. a duty to drive safely), that driver violated their duty, and their negligence caused you injury. Once you fulfill these requirements, your car accident claim takes on value in the form of damages. Damages basically means the monetary amount associated with the harm you were caused. They are separated into two main types: economic and non-economic. Economic damages are more easily calculated, as they account for things like lost wages while you were recovering from your injuries and unable to work. Non-economic damages are more difficult to calculate, as they represent intangible harm like pain and suffering.
If you have an unlimited right to sue insurance policy, or are subject to and able to satisfy the limitation on lawsuit provision, you will be able to recover damages for pain and suffering, lost wages and certain other economic damages in your Monmouth county car accident lawsuit. Depending upon the specific facts and circumstances of the car accident, medical bills are not ordinarily subject to recovery in the car accident lawsuit. Medical bills are often paid through your personal car insurance policy, not the policy of the negligent driver. However, medical bills incurred as a result of a bus accident, an Uber accident or a truck accident may fall under different provisions of New Jersey personal injury law.
Contact a Monmouth County Car Accident Lawyer to Discuss Your Case
If you or someone you know has been injured in a car accident in Monmouth County, NJ, call our local car accident injury attorneys today. Contact us by phone at 732-825-6120 or fill out our online form for a free case evaluation and begin your journey toward justice.
Resources:
- Total Injury Crashes by County, NJ Department of Transportation
- Fatal Accidents in Monmouth County, Monmouth County Prosecutor’s Office
