Understanding Your Rights: Navigating Personal Injury Claims After a Severe Accident

Experiencing a severe accident in New Jersey can be an overwhelming ordeal, particularly when it results in serious injuries. The path to recovery is not just physical but also involves navigating a complex legal landscape. It’s essential to understand that New Jersey’s laws are in place to protect individuals like you, offering a route to justice and compensation when negligence leads to serious injuries. Dealing with the intricacies of personal injury claims can be daunting, especially when your primary focus is on healing.

This guide is tailored to assist those recovering from accidents that resulted in serious injuries, covering the crucial steps to take immediately after an accident, New Jersey state laws, and insights on seeking the compensation you rightfully deserve. At Drazin & Warshaw, our commitment extends beyond mere legal representation; we aim to support and guide you, empowering you to make informed decisions about your legal rights and options during these challenging times.

What to Do Immediately After an Accident in New Jersey

Seek Medical Attention for Serious Injuries: Prioritizing your health is paramount. Seek immediate medical care for injuries, some of which may not be immediately apparent. Documenting your injuries is vital as medical records are indispensable evidence in personal injury claims.
Report the Accident: It’s essential to report the accident to the relevant authorities. In vehicular accidents, or those occurring at your workplace, ensure that you obtain a copy of the police or incident report. These documents are critical in providing an official account of the events.
Collect Information: Gather the names, contact information, and insurance details of all parties involved. If there are witnesses, collect their contact details. Witness accounts could be crucial in substantiating your claim.

Understanding Personal Injury Law in NJ

New Jersey’s personal injury law encompasses various incidents, including those leading to serious injuries. The core idea of this law is to protect individuals who have suffered serious harm due to someone else’s negligence or wrongful actions. If you’ve suffered serious injuries in an accident that wasn’t entirely your fault, you may be entitled to compensation for medical expenses, lost wages, pain, and suffering.

Comparative Negligence in New Jersey

Shared Fault: If you’re partially at fault for the accident that resulted in serious injury, you’re not barred from receiving compensation. However, your compensation will be reduced by your percentage of fault. For instance, if you’re found to be 20% at fault for an accident, your compensation will be reduced by 20%.
50% Threshold: There’s a catch, though. If you are more than 50% responsible for the accident, you won’t be able to collect any compensation from the other involved parties.

The Statute of Limitations in New Jersey

The statute of limitations for personal injury cases in New Jersey is typically two years from the date of the accident or injury. This means that if you’ve been hurt in an accident, you have two years from that date to initiate legal proceedings. Here are some notable exceptions:

Minor Plaintiffs: If the injured party is a minor (under 18 years of age), the statute of limitations doesn’t start until they reach the age of 18. This means they would have until their 20th birthday to file a lawsuit.
Discovery Rule: In some cases, the injury might not be immediately apparent. New Jersey’s “discovery rule” allows the statute of limitations to start when the injured person reasonably becomes aware of their injury, not necessarily when the injury occurred.
Claims Against Government Entities: If you’re filing a claim against a government entity or employee in New Jersey, you must notify the relevant agency of your intent to sue within 90 days of the incident. This is not the same as filing a lawsuit but is a prerequisite to doing so.
Extenuating Circumstances: In rare cases, such as when the responsible party leaves the state, the time limit may be extended. However, these situations are the exception rather than the norm and require specific legal evaluation.

Seeking Compensation for Serious Injuries: Your Legal Rights and Options

In New Jersey, victims of serious injuries due to accidents can pursue several types of damages. These damages are generally categorized into three main types:

Economic Damages: This includes current and future medical expenses, including hospital stays, surgeries, medications, rehabilitation, and any necessary medical equipment. Compensation for the income you’ve lost due to your inability to work if your injuries prevent you from returning to your previous job or working in the future. If the accident resulted in damage to your property, such as a vehicle, you can be compensated for repairs or replacement.
Non-Economic Damages: This is compensation for the physical pain and emotional distress you’ve endured due to the accident. This includes compensation for any long-term disability or disfigurement. In addition, if your injuries prevent you from enjoying your regular activities or hobbies, you may be entitled to compensation for this loss.
Punitive Damages: In rare cases of egregious negligence, punitive damages might be awarded. These are not tied to a specific loss you’ve suffered but are intended to punish the wrongdoer and deter similar conduct in the future.

Filing an Insurance Claim vs. Filing a Lawsuit

Filing an Insurance Claim

Initial Step: Often, the first step in seeking compensation is to file a claim with the relevant insurance company, which could be your insurer or the at-fault party’s insurer.
Negotiation: The insurance company will review the claim and may offer a settlement. This amount can often be negotiated, especially if it doesn’t fully cover your losses.
Resolution: If a satisfactory settlement is reached, the process ends here. However, if the insurance company denies your claim or offers an insufficient amount, legal action may be necessary.

Filing a Lawsuit

Legal Action: When insurance does not provide adequate compensation, you have the option to file a personal injury lawsuit.
Court Proceedings: This involves presenting your case in court, where a judge or jury will determine fault and the amount of compensation due.
Potential for Higher Compensation: While a lawsuit can be more time-consuming and complex than an insurance claim, it often results in higher compensation, especially for non-economic damages like pain and suffering.

Contact Personal Injury Attorneys at Drazin & Warshaw Today for a Free Consultation About Your Serious Injury Case

At Drazin & Warshaw, we understand that facing the aftermath of a severe accident can be overwhelming. That’s why our dedicated team of personal injury attorneys is committed to standing by your side every step of the way. With decades of experience in New Jersey’s legal landscape, we’re not just lawyers; we’re advocates for justice and your right to fair compensation.

As a firm deeply rooted in Monmouth County, NJ, we have a profound understanding of New Jersey’s personal injury laws. From navigating the complexities of insurance claims to representing you in court, we handle every aspect of your case with expertise and compassion, with a commitment to achieving the best possible outcomes for our clients.

If you or a loved one has been severely injured in an accident, don’t navigate this journey alone. Let Drazin & Warshaw guide you through the legal process with the care and expertise you deserve. Contact us today for a free consultation, and let’s start the journey towards justice and healing together.