The aftermath of a car accident can be confusing, painful, and generally just overwhelming. When you’re involved in a crash you can find yourself accumulating hundreds if not thousands of dollars in expenses. Car accident lawsuits are used for victims to pursue compensation for the damages they incur. Before filing a claim or lawsuit after your car accident it is important to understand how to tell whether or not you have a valid case. A skilled attorney will be an important part of your case so work with a New Jersey car accident lawyer at Rubenstein, Berliner & Shinrod, LLC for more information and experienced representation.
Is New Jersey a No-Fault State?
New Jersey abides by no-fault accident laws. This means that when you are involved in a car accident you must first submit a claim to your own insurance provider to seek compensation. There is no need to establish fault or liability since each party receives compensation via their insurance company. Drivers have personal injury protection (PIP) coverage that is designed to protect them in the event of an accident. However, although NJ follows no-fault rules individuals who were involved in car accidents can still potentially pursue legal action for their damages.
How Can I Tell if I Have a Valid Car Accident Case?
If you want to file a claim or lawsuit following your car accident there are several steps you must take and factors you must consider to determine if you have a valid case. You should first file a claim under your personal injury protection coverage to seek compensation for your medical expenses and costs related to your injury.
PIP does not cover property damage to your vehicle or other property involved in the accident. If your insurance does not cover the entirety of your medical expenses or you wish to pursue compensation for other costs, you can look into filing a lawsuit against the other driver.
To know whether or not you have a valid case you should consider a few different aspects of your situation. First of all, the severity of your injuries and damage are important. The more severely you were impacted by the accident the more likely you are to have a solid case.
Being able to prove the other driver’s negligence is paramount. Establishing liability is required to file a claim or lawsuit against the other driver. Proof will be needed that shows their negligent or reckless behavior and how it directly contributed to your injuries.
The statute of limitations also impacts whether or not you can file a suit. In New Jersey, the statute of limitations for car accident cases is generally 2 years from the date of the accident. Depending on certain circumstances the time constraint could be less or more so it is important that you obtain help from an attorney.
There are many factors that contribute to whether or not you can file a lawsuit against a negligent driver after your car accident. Speak with a skilled attorney for more information.
