Vineland Car Accident Lawyer
If you suffered injuries or damages to your vehicle, you should understand what your options are for compensating your losses. Because New Jersey is a no-fault car insurance state, those who are hurt in Vineland car accidents must generally file a claim under their own Personal Injury Protection plans to be compensated for medical expenses and other financial losses.
A seasoned Vineland car accident lawyer could help you determine whether your damages qualify you to step outside of the no-fault system and bring a claim against the at-fault driver. A skilled personal injury attorney from our team would be advantageously familiar with relevant laws and could effectively pursue all available compensation on your behalf.
Proving Fault After a Car Crash
When someone gets into a car crash in Vineland, he or she must typically file a Personal Injury Protection (PIP) claim with his or her own insurance provider. PIP coverage offers reimbursement to an injured party for any expenses he or she incurs as the result of an auto collision and can also be purchased to cover additional costs such as lost income, funeral expenses, and death benefits.
The injured party can receive PIP benefits regardless of who is at fault for an accident, as all claims are filed through his or her coverage provider. However, PIP claims do not provide compensation for non-economic damages like pain and suffering. Ultimately, a claimant’s right to sue for non-economic damages depends on the kind of car insurance policy he or she has.
The Right to Sue
Those who take out a basic PIP policy retain a limited right to sue. This means they cannot file a claim against the responsible party for non-economic damages such as pain and suffering unless their case involves the following:
- Significant disfigurement
- Loss of a body part
- Displaced fracture
- Severe scarring
- Loss of a fetus
- Death of a loved one
- A permanent injury
A claimant’s rights to sue depends largely on whether his or her damages meet the serious injury threshold. For example, a herniated disk in the back or neck typically meets this threshold and warrants civil litigation. Fortunately, a dedicated Vineland car crash attorney could evaluate and measure your losses and help you initiate a civil claim for damages against liable parties.
Statute of Limitations for Car Collisions
New Jersey Revised Statutes §2A:14-2 generally gives injured parties two years to file a lawsuit. Those who miss this statutory deadline for filing risk having their case dismissed by the tribunal. A diligent car collision lawyer in Vineland could take swift action to ensure that your case is filed within the appropriate time-frame.
Modified Comparative Negligence in Vineland Auto Accident Cases
Vineland courts use modified comparative fault to determine who is responsible for causing an accident. This means that the injured party’s damages would be reduced by his or her assigned percentage of fault.
For instance, if a jury finds that the plaintiff is 40 percent responsible for his or her own losses, he or she would only be entitled to 60 percent of his or her total damages. However, if the individual shares more than 50 percent of the blame, he or she cannot recover any damages whatsoever.
Call a Vineland Car Accident Attorney Today
After being involved in an auto accident, it is imperative to understand your rights and legal options for pursuing a claim for damages under the state’s no-fault car insurance rules. You should reach out to a Vineland car accident lawyer from our firm as soon as possible to discuss your case and learn about what recovery options may be available to you.