New York Car Accident Attorney

What Damages Can a New Jersey Injury Attorney Pursue in a Car Accident Case?

When you suffer injuries in a New Jersey collision, you can file a claim with your no-fault auto insurance carrier to recover money for your medical care and lost wages up to your policy limits. However, state law allows you to work with a lawyer to pursue additional types of damages for serious injuries.

The possible recoverable damages in a fault-based car accident claim could include:

• Past and future medical expenses for crash injuries
• Related expenses
• Lost income and loss of earning capacity if there are lasting injuries
• Property damage repair costs
• Pain and suffering
• Emotional distress

Damages in a New Jersey Wrongful Death Claim

Under New Jersey law, the executor or administrator of a victim’s estate can file a wrongful death and/or survival action to pursue compensation for their family following a fatal car accident. This could allow them to recover compensation that includes:

• Funeral and burial expenses
• Medical expenses related to the fatal injury
• Loss of financial support
• Loss of companionship and guidance
• Loss of household services
• Pain and suffering of the deceased before death
• Lost wages from the time of injury to death
• Medical expenses before passing

How a Lawyer Helps Car Accident Victims Heal From Their New Jersey Injuries

At The Goldwater Law Firm, we connect car accident victims in New Jersey to trusted law firm partners near them who can develop a strong case and fight for the money they may qualify to recover. Our award-winning firm has earned a reputation for results, and we have built strategic partnerships with other successful, large firms nationwide.

We help accident victims in all 50 states, including near you in New Jersey. This is possible because we work with co-counsels who represent crash victims and fight for fair compensation for them.

All our law firm partners are paid on contingency and have access to an extensive network of experts and specialists they can call on to support your case and help you recover maximum compensation. You are in good hands when you work with our co-counsels to hold the at-fault driver responsible for your serious injuries.

Your Collision Attorney Will Understand New Jersey Car Accident Law

At The Goldwater Law Firm, our law firm partners are trusted personal injury attorneys who know how to navigate the claims process and build a case based on the applicable state laws. In New Jersey, this includes the state’s no-fault car accident statutes.

Personal Injury Protection and Serious Injuries

The no-fault statutes make it mandatory for all drivers to carry a personal injury protection (PIP) policy and to use this coverage to pay for their medical expenses after a crash, regardless of fault. However, crash victims can sue the at-fault driver if they meet the serious injury threshold set by N.J.S.A. 39:6A-8. The serious injuries listed in this statute include permanent injuries, disfigurement, or death.

Modified Contributory Negligence

New Jersey also follows a modified contributory negligence rule under N.J.S.A. 2A:15-5.1 that could affect a car accident case payout. Under this law, a victim can only recover damages if they are 50 percent or less at fault for an accident. In addition, their percentage of recoverable damages will decrease based on the percentage of fault assigned to them.

Statute of Limitations and Your Legal Deadline

Consider hiring a car accident lawyer to manage your case as soon as you realize you suffered serious injuries. You want an attorney on your side quickly if you intend to pursue a fault-based case. Under N.J.S.A. 2A:14-2, you could have up to two years to sue. However, some cases have shorter deadlines.

The sooner you have an attorney handling your case, the sooner you can focus entirely on your healing and recovery. Your lawyer will handle the rest for you.

Your New Jersey Car Accident Lawyer Will Know How the State Defines Serious Injuries

Under New Jersey law, you must know when you suffered “serious injuries” and what to do if you did. There is a limited time to act. Proving you have serious injuries after an accident requires certification from your treating physician or another board-certified licensed physician. Their certification and your records must show one or more of the following:

• Permanent injuries
• Significant disfigurement or scarring
• Loss of a body part
• Displaced fractures
• Severe burns
• Loss of a fetus
• Death

In many cases, seriously injured car accident victims in New Jersey receive medical attention at one of the state’s designated Level I trauma centers, including:

• University Hospital, Newark​
• Robert Wood Johnson University Hospital, New Brunswick
• Cooper University Hospital, Camden

All these facilities are well-equipped to provide extended hospitalization, treatment, surgeries, therapies, and other services to help victims reach maximum medical improvement. The doctors should also be aware of the procedures necessary to certify serious injuries, or your attorney can call in a medical expert who can.

Your New Jersey Accident Lawyer Can Build a Compelling Crash Case

When you pursue fault-based damages in a collision case with help from one of our law firm partners, your attorney will have several goals:

• Protect your right to seek fair compensation
• Show that you suffered serious injuries
• Build a compelling case
• Recover compensation for you through a settlement or verdict

The steps they take to meet these goals differ with each case. No two car accidents are alike, and the process they must navigate to develop a strong case and recover fair compensation will look different, too. In general, there are two ways attorneys secure a payout in these cases:

• A Negotiated Settlement: Many car accident cases settle. The insurance company representing the at-fault driver agrees to pay a fair payout and accepts that their policyholder caused the crash. This settlement can occur before or after filing a lawsuit. Some courts even require mediation—a guided settlement negotiation—before setting a trial date.
• A Verdict and Court Award: When you litigate a case and it goes to trial, each side presents its evidence to the judge and jury, cross-examines witnesses, and lays out its case. Then, they ask the jury to decide who is at fault and if they will award damages in the case.

Evidence Necessary to Prove Fault and Negligence in a New Jersey Car Crash With Serious Injuries

A convincing case showing fault and liability can make a difference. An attorney can work with investigators, experts, and accident reconstructionists to paint a picture of what happened and why. They can gather evidence that points to the at-fault driver and provides clear proof of what they did to cause the accident. This evidence could make holding the at-fault driver accountable much easier.

Some common types of evidence that could be critical to a car accident claim include:

• Police reports, especially if they issued traffic tickets or arrested the other driver
• Eyewitness accounts of the accident
• Photographs of the accident scene and injuries
• Relevant medical records showing serious injuries
• Expert testimony from doctors, specialists, economists, and others
• Accident reconstruction data
• An accident scene survey
• Video of the crash, when available

Your lawyer will know how to organize and present this evidence to tell the most effective version of what happened and how it has affected your life. They will likely approach the other driver’s insurance carrier and demand fair compensation based on the evidence. These cases are often strong enough to compel the insurance adjuster to agree to a fair payout.

If they do not agree, your lawyer may recommend suing the at-fault driver. The personal injury claims process often leads to additional settlement talks and an out-of-court agreement. However, you may need to take the case to trial if there is a disagreement about liability or other facts of the case.