The traffic around Newark, NJ can be hectic given its proximity to New York City. Accidents are common, and sometimes drivers are severely injured with no way to cover their expenses.
Car accidents are usually caused by other drivers’ negligence. When other drivers speed, fail to stop at red lights, or generally drive recklessly, they might cause collisions. Before filing a lawsuit, we must review your insurance policy and determine whether you have a limited or unlimited right to sue. You can file a lawsuit with a limited right to sue if your injuries meet certain statutory requirements. The overall value of your case depends primarily on the extent of your damages. The greater your damages and injuries, the more compensation you can claim in a lawsuit. This also drives up the value of a possible settlement, which must be negotiated between the parties.
Do not allow a car accident to stop you from living your life. Our Newark, NJ car accident lawyers are here to help you get compensation from negligent defendants. For a case evaluation with our team free of charge, call The Carrion Law Firm at (718) 841-0083.
Common Causes of Car Accidents in Newark, NJ
Car accidents most often happen when another driver on the road is negligent. The precise cause of an accident may depend on various circumstances, and no two accidents are the same. It is important that you discuss every detail of your accident with our Newark, NJ car accident attorneys so we can get to the bottom of your crash.
Many accidents are the result of speeding. While most people have probably gone a few miles per hour over the limit, it becomes dangerous if drivers are not careful. Speeding on dangerous road conditions, like when the weather is wet, or the roads are covered in ice, is extremely dangerous. Even if speeding is not the direct cause, it can make the accident much worse.
Failing to obey traffic signals is another significant cause of collisions on the road or highway. Stop lights and signs direct traffic flow, and when drivers ignore or do not see these signals, they can cause serious crashes. In some cases, negligent drivers have plowed through busy intersections, injuring multiple people because they failed to stop at a red light.
Distracted driving is one of the biggest concerns on the road today and is the reason for many crashes and collisions. If the other driver in your case was on the phone, texting, or distracted from the road, an accident becomes more likely.
Filing a Lawsuit for a Car Accident in Newark, NJ
When filing a lawsuit, we have to go over the terms of your insurance policy. In New Jersey, drivers must carry no-fault insurance, including personal injury protection (PIP). Your PIP insurance covers various medical expenses, some lost wages, and other economic damages regardless of who is to blame for the accident. Your PIP does not cover non-economic damages like pain and suffering. If you want to sue, your injuries might have to meet certain statutory requirements under N.J.S.A. § 36:6A-8.
Limited Right to Sue
When buying insurance, you have a choice of various policies that include a limited right to sue and an unlimited right to sue. Under a limited right to sue, found in the basic policy and some standard policies, your injuries must meet the “verbal threshold” before you are allowed to file a lawsuit.
This threshold rule states that your injuries must include dismemberment, significant disfigurement or scarring, displaced fractures, loss of a fetus, death, or other permanent injuries other than scarring or disfigurement. If your injuries rise to this threshold, you can file a personal injury lawsuit against the other driver for additional damages, including non-economic damages for pain and suffering.
Unlimited Right to Sue
If your insurance policy comes with an unlimited right to sue, you are not bound by the verbal threshold. An unlimited right to sue tends to come with policies above the basic policy required by state law, such as standard policies. However, it is not necessarily part of all standard policies as it must be specifically elected. Policies with an unlimited right to sue also tend to be more expensive.
With an unlimited right to sue, you may sue for any injury regardless of how serious it is. This means you do not have to prove you suffered a serious or permanent injury. Keep in mind that this unlimited right to sue is only present in certain insurance policies, and our Newark, NJ car accident lawyers can review your insurance policy before beginning your case.
How Much is a Newark, NJ Car Accident Case Worth?
One of the first questions plaintiffs ask is how much compensation they can expect to receive from their lawsuit. This is a tough question, and the answer might change as your case progresses. Generally, the overall value of a car accident case depends on the extent of the plaintiff’s damages. The greater your damages, the more compensation you can expect to get.
Since New Jersey is a no-fault insurance state, many of your economic damages like medical bills are covered by your PIP insurance. Your non-economic damages, like pain and suffering, are more subjective and harder to determine without further evaluation.
In most cases, our Newark, NJ car accident attorneys can assess how your pain and suffering affect your life on a daily basis. The more these conditions hinder your ability to function and perform ordinary daily tasks, the more valuable your non-economic damages become.
Settlements for Car Accident Lawsuits in Newark, NJ
A settlement is one possible end to a car accident lawsuit, and settlements are very common throughout all kinds of civil cases. A settlement is an agreement between you and the defendant. The defendant will agree to pay for some of your damages, and you agree to drop your lawsuit and waive your right to file it again. How much of your damages the defendant pays for is up for negotiation.
Settlement negotiations require our Newark, NJ car accident attorneys to go back and forth with the defendant’s lawyers until an agreement is reached. While accepting a settlement agreement might mean that all your damages are not paid for, most of them should be covered, and the settlement cannot go through without your approval.
Call Our Newark, NJ Car Accident Attorneys
If you were injured in a collision on the road or highway in New Jersey, our Newark, NJ car accident attorneys can help you hold the other driver accountable and get your damages covered. For a free case assessment, call The Carrion Law Firm at (718) 841-0083.