It is your right to file a lawsuit after the accident if it was not your fault. An accident lawsuit may help you to recover compensation for damages such as financial strain along with pain and sufferings.
It is advisable to hire a lawyer who has handled similar lawsuits before if you are filing a car accident lawsuit. Because an experienced lawyer has the ability to achieve a favorable verdict and a favorable settlement. On the flip side, there can be extremely harsh penalties if something goes wrong.
Below is the list of the things you need to consider before filing a car accident lawsuit.
Are You Entitled To Sue After A Car Accident?
The majority of car accidents are not the subject of lawsuits. There is a good chance that the other driver’s insurance company will reimburse you for your repairs if no one was hurt and the other driver has insurance.
Although suing after a car accident is not always a good idea, there are some worst cases where it’s wise to do so. There could be many other reasons where legal action might be an option for you. Such as:
- If your insurance claim has been rejected.
- You receive a low settlement offer
- You insurance company is not ready to negotiate
You receive medical bills and repair costs as compensation after the car accident if the victim suffers injury. It is obvious that you will get more compensation in case of severe injuries and repairs.
Taking legal action may be your only option if the other driver lacks insurance. It’s not advisable to do this for a variety of reasons, including that people without insurance will likely have zero assets to pass on. You can still collect no compensation from the other party, even if you win your case. In such cases, an uninsured motorist claim is the better decision and can usually be filed under your own insurance plan.
Is it Necessary to Prove Fault After a Crash?
PIP benefits are available to you under your insurance policy. Personal Injury Protection (PIP) enures the coverage of your medical expenses up to the stated limit in the policy. However, if you would like to collect compensation beyond what is provided by PIPP, your claim must prove that another party was at fault.
It is also critical to determine the degree of fault before filing a claim. According to New Jersey laws, a comparative fault legal system is used.
- You will not be entitled to any compensation if more than fifty percent of the fault lies with you.
- A person can obtain compensation if his or her contribution to the accident was less than 50%.
- If you were 20 % responsible for your accident, you would receive a 20 % reduction in your total recovery.
In other words, the amount you recover is simply reduced by the percentage of fault you have committed.
What Is the Process of Determining Fault in New Jersey Car Accidents?
What you recover after a car accident can be greatly affected by the determination of fault. Moving further, it is also important to note that do not solely rely on the conclusion drawn by the insurance company as they never want to lose their revenue in terms of claim. Occasionally, they might refuse to accept that its insured driver caused the accident or claim that the other motorist is at fault. Infact, the insurance company is looking to avoid paying any money at all.
Therefore, hire a lawyer to conduct an independent investigation to make sure your rights are protected. There is a possibility that your lawyer will determine who was at fault in your crash in a somewhat different way.
In gathering and collecting evidence following a car accident, the following may help to determine the fault accurately.
- Pictures taken at the time of car accident
- Testimony by the bystanders and passengers
- Surveillance camera footage
- Alcohol or drug tests
- Record if cell phone calls or messages
It is important to remember that sometimes a driver’s negligence does not cause a collision but the faulty manufacturing of the vehicle may lead to a crash. Moreover, an improperly constructed road may also lead to a car accident.
What is the time frame for filing a lawsuit after a wreck?
Each state sets its own deadline for filing a lawsuit after a car accident. In New Jersey the statute of limitation length is two years for automobile cases. A lawsuit cannot be brought after the statute of limitations has expired.
You should begin the legal process quickly after a car accident as it takes time to complete the paperwork. Moreover, you may forget the details if you delay it.
After a car accident, who can you sue?
When it comes to filing a car accident claim, you need to determine:
- Who should I sue?
- Is the driver liable?
- Does the vehicle’s owner get sued?
- Am I going to sue the Insurance company of the car owner?
Well, the circumstances of the accident and the location of the accident play a crucial role in answering these questions. It is most common for drivers to sue each other after a car accident. But any settlement will likely be paid by that driver’s insurance company.
What is the settlement process for car accident lawsuits?
Generally speaking, liability is the main factor determining the result of a lawsuit. Sometimes, both parties involved in the accident share liability for the accident. Generally, a driver could be held responsible if more than half the fault is his own.
Several factors are considered when determining compensation amounts. They are:
- Health-related expenses
- Burial and funeral expenses
- Rehab expenses
- Vehicle damage
- Future income loss
- Earnings loss
Get Legal Advice by Contacting An Attorney
Contact a car accident lawyer immediately if you are suing, or if you are being sued,in the wake of an accident. Getting a lawsuit started takes a lot of preparation, so it’s crucial to begin as early as possible. In addition, the statute of limitations for suing after an accident will vary from state to state. So you need to contact an attorney before the statute of limitation runs out. It is common among lawyers to offer a free consultation or charge after winning the case.
If you are living in New Jersey, Rosengard Law group has a team of new jersey car accident lawyers who offer free consultation for car accident cases. Call any time at 856-284-6446 to get a free evaluation of a car accident case. Or you can visit their office located at 496 Kings Highway North, Suite 220B, Cherry Hill, NJ 08034.