While every auto accident is unique, our Northern New Jersey car accident attorneys at Buttafuoco & Associates find that many of our clients have a lot of the same questions regarding their cases. In this article, I’ll cover some of the most common questions we receive from our clients, so that in the unfortunate case that you find yourself in a car accident, you can feel informed. If you have questions about whether your accident qualifies for a lawsuit, call 1-800-NOW-HURT for a free consultation from our team.
When can I sue for a car accident in New Jersey?
As a New Jersey driver, you’re likely familiar with no-fault laws. Under these laws, in most cases each driver’s personal insurance company pays for damages in the accident. There may be some exceptions depending on what kind of insurance you have, whether you have a basic or standard insurance policy, and whether you have opted for the limited or unlimited right to sue. But generally, after an accident your own insurance provider will be responsible for paying, regardless of who is at fault.
However, there are exceptions in New Jersey law in the case of “serious injury.” A serious injury according to New Jersey law is defined as one that results in:
- Death
- Dismemberment
- Significant disfigurement
- Fracture
- Loss of a fetus
If you experience this type of injury, you are likely to have extensive medical bills, extended hospital stays, long-term treatment and/or physical therapy, and more. In other words, your medical needs will likely be more than the average person after a fender-bender, which makes it imperative that you recover the compensation you will need to pay for your recovery. By working with a qualified Northern New Jersey car accident attorney, you will be more likely to recover the maximum car accident settlement.
What are the common causes of car accidents in personal injury cases?
While negligent behavior on the road takes a lot of forms, there are a few causes of auto accidents that we see regularly, and that have been making our roads significantly more dangerous in recent years. Some of the most common include:
- Distracted driving, such as texting while driving
- Driving while intoxicated, by alcohol or other impairments
- Reckless driving, such as excessive speeding, weaving through traffic, or running traffic lights.
It’s also worth noting that our roads in the United States are becoming more dangerous for pedestrians, and pedestrian deaths are on the rise in New Jersey. Some of the reasons for this include high speed limits and road design in pedestrian-heavy areas, lack of pedestrian protections, and increased vehicle size.
Are all accidents the fault of another driver?
Many of the auto accident injury lawsuits we take on at Buttafuoco & Associates are not brought against other drivers. Instead, in some circumstances, the defendant is the party responsible for things like negligent road maintenance or a defective vehicle. A case of negligent road maintenance might include poor signage or potholes, and these cases are brought against whoever is responsible for maintaining the road. In the case of a vehicle defect, a lawsuit is actually considered a product liability case, and would most likely be brought against the vehicle manufacturer.
How long do I have to file an auto accident lawsuit?
The statute of limitations in New Jersey for personal injury cases is two years, but an auto accident attorney in Northern New Jersey typically recommends filing your car accident claims as soon as possible. This is because over time a successful personal injury lawsuit can become more difficult. For example, certain kinds of evidence may be more difficult to obtain, such as security camera footage of the accident.
How do I find the right lawyer? Is it expensive?
Among the most important factors for the success of any personal injury case is finding the right attorney. An attorney can help you gather evidence, navigate the legal system, file an insurance claim, negotiate with insurance companies, and represent you if the case goes to court.
To find the right car accident lawyer serving Northern New Jersey, you should look at a few factors, including:
- Experience in similar cases and practice areas
- Communication and availability
- Reputation and track record for winning cases
Also, most experienced personal injury lawyers only collect a fee if you win your case, and legal fees should be considered in the total amount of any settlement amount. Make sure this is the case during initial consultations with any attorney.
To see if Buttafuoco & Associates is the right firm to represent you in your personal injury case, call 1-800-NOW-HURT to schedule a free consultation.
