Is My Car Accident Serious Enough to File a Personal Injury Lawsuit in New Jersey?

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If you have been injured in a car accident in New Jersey, you might be wondering how serious it needs to be for you to file a personal injury lawsuit.

There is no measuring stick to determine whether a car accident is serious enough to file a claim. Instead, if you have a valid case that you suffered damages as a result of a car accident, and you’re likely to get more out of the lawsuit than you’d put in, it would be worth filing a lawsuit.

Here are some important pieces of information regarding personal injury lawsuits for car accidents in New Jersey.

New Jersey is a No-Fault Car Insurance State

Following a car accident, you need to file a claim through the personal injury protection of your car insurance to get compensated for medical bills and other damages. Most basic car insurance policies in New Jersey have a limited right to sue clause that prevents you from filing a lawsuit against the at-fault driver unless:

  • You sustained a permanent injury
  • The accident caused a death
  • You suffered a displaced fracture, significant scarring, loss of a body part or significant disfigurement
  • The injury caused the loss of a child

In all other cases, you wouldn’t be able to sue for other economic damages or pain and suffering.

If you selected the unlimited right to sue option, these limitations won’t apply to you. Typically, doing so would raise the rates of your car insurance.

What If I’m Partially at Fault for the Accident?

One interesting thing about car accidents in New Jersey is the other party or parties don’t have to be completely at fault for you to file a personal injury lawsuit. The state law has what’s called comparative negligence, which means you could be entitled to a percentage of damages based on how not at fault you are. For example, it may be determined you were 30% at fault for the car accident. Therefore, you could be entitled to up to 70% of the damages you incurred as a result of the accident.

Report an Accident When It Happens

One of the most important things to know is that if you are involved in a car accident in New Jersey, you should report it to police immediately. Not only will this get everything on an official record for your future potential personal injury lawsuit, state law requires you to do so if you’ve been involved in an accident that has damages of at least $500.

Hire a Trusted Personal Injury Lawyer to Guide You Through Your Case

Filing a personal injury lawsuit following a car accident in New Jersey can be a complicated process. That’s why you need a trusted lawyer on your team who has experience in the area. Call the experienced attorneys at Rosner Law Offices for a free consultation at (856) 238-5248.

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