Our New Jersey car accident lawyers at Sweet James have more than 25 years of experience helping injury victims.
Before founding Sweet James, James represented insurance carriers in personal injury and workers’ compensation cases, giving him firsthand insight into how insurers evaluate and defend claims. That experience is part of The Sweet James Advantage.
If you were injured in a crash, contact our car accident lawyers for a free consultation.
How Do Car Accident Claims Work in New Jersey?
New Jersey uses a no–fault auto insurance system for certain injury-related benefits. Personal Injury Protection, commonly called PIP, generally pays covered medical expenses under an applicable policy regardless of who caused the crash.
That does not mean fault is irrelevant. You may still have a claim against another driver for losses that are not covered by PIP or when New Jersey law allows a lawsuit for noneconomic damages.
An auto accident lawyer serving New Jersey can review your insurance policy, the other driver’s coverage, and the injuries caused by the collision.
Who Is Responsible for a New Jersey Car Crash?
Liability usually depends on whether a driver failed to use reasonable care or violated traffic laws.
Crashes may involve:
- Distracted driving.
- Speeding.
- Following too closely.
- Unsafe lane changes.
- Failure to yield.
- Impaired driving.
- Running a red light or stop sign.
- Unsafe driving for weather or traffic conditions.
When drivers give conflicting accounts, our New Jersey personal injury lawyers can review police reports, photographs, witness statements, video, vehicle damage, electronic data, and other available evidence.
What If You Were Partly Responsible for the Accident?
New Jersey follows a modified comparative negligence rule. You are not automatically barred from recovery simply because you contributed to the collision.
Under New Jersey law, you may generally recover if your negligence was not greater than the negligence of the defendant or the combined negligence of the defendants from whom you seek recovery. Your damages are reduced according to your percentage of fault.
For example, if you were found 20% responsible, the amount awarded to you would generally be reduced by 20%.
Insurers may try to place more blame on you to reduce what they pay. A New Jersey auto accident attorney can examine whether the evidence supports those allegations.
What Compensation May Be Available?
Compensation depends on your insurance coverage, injuries, fault, lawsuit option, and other facts.
Available damages may include:
- Medical expenses not otherwise covered.
- Lost wages and income losses.
- Reduced earning capacity.
- Property damage.
- Future treatment expenses.
- Pain and suffering when permitted under New Jersey law.
- Other documented losses caused by the crash.
We look beyond the first hospital bill when evaluating a claim. Surgery, rehabilitation, ongoing treatment, and long-term work restrictions can affect the losses you may seek.
Can You Sue for Pain and Suffering After a New Jersey Car Accident?
Your right to pursue noneconomic damages can depend on the lawsuit option that applies to your insurance policy.
Unlimited Right to Sue
With the No Limitation on Lawsuit option, an insured generally retains the right to seek pain-and-suffering damages for injuries caused by another driver.
Limited Right to Sue
The Limitation on Lawsuit option restricts claims for noneconomic damages unless the accident causes a qualifying injury. Those injuries include:
- Death.
- Dismemberment.
- Significant disfigurement or significant scarring.
- A displaced fracture.
- Loss of a fetus.
- A qualifying permanent injury.
The lawsuit option generally affects claims for noneconomic damages rather than PIP-covered medical expenses and certain economic losses.
Evidence That Can Help Our New Jersey Car Accident Lawyers Strengthen Your Claim
Insurance disputes are often decided by documentation. Evidence can help establish how the collision occurred and how it affected you.
Useful evidence may include:
- Crash reports.
- Scene photographs and video.
- Vehicle repair records.
- Witness statements.
- Surveillance or traffic-camera footage.
- Vehicle electronic data.
- Medical records and imaging.
- Wage and employment records.
- Insurance policies and claim correspondence.
Our New Jersey car crash lawyers work to identify relevant records before evidence becomes harder to obtain.
What If the Other Driver Has Little or No Insurance?
Uninsured and underinsured motorist coverage may provide another source of recovery in some crashes.
- Uninsured motorist coverage may apply when an at-fault driver has no applicable liability insurance.
- Underinsured motorist coverage may apply when the at-fault driver has insurance, but the available limits are insufficient to cover your losses, depending on the policy and circumstances.
New Jersey Standard Policies make uninsured and underinsured motorist coverage available up to selected liability limits, while Basic Policies generally do not include it.
We review all potentially applicable policies rather than assuming the other driver’s coverage is the only source of compensation.
How Long Do You Have to File a Car Accident Lawsuit in New Jersey?
New Jersey generally requires personal injury lawsuits based on another person’s wrongful act or negligence to be filed within two years after the claim accrues.
Different requirements can apply when a New Jersey public entity or public employee is involved. Under the New Jersey Tort Claims Act process, a claimant generally must provide notice of a tort claim within 90 days after the claim accrues. Late-claim procedures may be available in some circumstances.
Because filing rules depend on the facts, you should have your deadline reviewed rather than assuming the standard two-year period applies.
How Sweet James Can Help After a Car Accident
Insurance companies investigate claims with their own financial interests in mind. Before founding Sweet James, James worked on the insurance-defense side, so we understand many of the strategies carriers use when evaluating liability, injuries, and settlement demands.
Our team can:
- Investigate the collision.
- Review PIP and liability insurance coverage.
- Gather medical and accident records.
- Document lost income and other damages.
- Handle communications with insurance companies.
- Challenge disputed-fault allegations.
- Negotiate for a fair resolution.
- Prepare a lawsuit for litigation when necessary.
We handle eligible injury cases on a contingency–fee basis, so you pay no fees or costs until we win.
Searching for a New Jersey Car Accident Lawyer Near Me? Call Sweet James for a FREE Consult
If another driver caused your injuries, you may be facing questions about PIP benefits, fault, the lawsuit threshold, medical expenses, and how long you have to act. We can review those issues and explain the options available under New Jersey law.
Contact Sweet James today for a free consultation with a New Jersey car accident attorney. Real Lawyers. Real Results.
