Being in a car accident is a scary experience. You likely have many questions and financial concerns, especially if another party’s actions caused your damages.
New Jersey is a no-fault state, which means that all drivers are obligated to carry personal injury protection (PIP) coverage.
In accidents with severe injuries, you might be able to pursue a claim outside of the no-fault system.
To learn more about your options following a car accident, contact a New Jersey car accident lawyer at Wiley Lavender Maknoor, PC.
Injured victims could step outside the no-fault system when they have injuries that result in dismemberment, significant scarring or disfigurement, or any other type of permanent injury.
However, pursuing a claim beyond PIP coverage can be complicated. That’s where we can be especially helpful.
Proving Negligence in a New Jersey Car Accident Claim
Before you can collect any compensation for a personal injury claim, you must prove negligence against the responsible parties.
The four elements of negligence are:
- The other driver owed you a duty of care to driver responsibly,
- The other driver breached the duty of care,
- The other driver’s breach is what harmed you, and
- You suffered damages due to the other driver’s actions.
You will lose your case if you cannot prove even one of these elements. The law doesn’t require you to retain a lawyer, but we recommend hiring the best New Jersey car accident lawyer for your case.
Compensation in a Car Accident Claim
If you are pursuing a claim through your PIP coverage, you are limited to reimbursement for a portion of your medical expenses and time off work.
You would not be entitled to compensation for your pain and suffering or any other fault-based damages.
If you’re eligible to pursue a fault-based claim in New Jersey, you could potentially receive compensation for:
- Medical expenses,
- Loss of earnings,
- Emotional distress,
- Pain and suffering,
- Permanent physical impairment, and
- Wrongful death of a loved one.
Every case is different. When you hire a car accident lawyer in New Jersey, we will help you determine what types of compensation you could be eligible to receive.
What to Do Following a Car Accident
The steps you take immediately following a car accident are vital as they can impact your PIP and potential personal injury claim.
If you’re in an accident, remember these essential steps:
- Report the accident to the police at the scene.
- Exchange information with all involved parties, including witnesses.
- If possible, take photos of all damage, debris, skid marks, and the surrounding location.
- Seek timely medical treatment if you did not require medical transport from the accident scene.
- Report the accident to your insurance company.
- Contact a car accident lawyer in New Jersey to discuss your legal options.
Be mindful of what you say at the accident scene. Something as simple as “I’m sorry” could be misconstrued as an admission of fault should you be eligible to pursue a personal injury claim.
Contact a New Jersey Car Accident Lawyer
When you’re seriously injured in a car accident, don’t try to navigate the complicated legal system alone.
Let Wiley Lavender Maknoor, New Jersey car accident attorneys, help you to fight for the compensation you deserve. We have years of experience assisting injured New Jersey victims.
When you meet with us, we will explain all your options and help you make informed decisions. We won’t take your case if we don’t believe we can help make a difference.
Contact us today to schedule a consultation and learn more.