Car accidents often have serious implications for injured victims, making recovering compensation a top priority after collisions. Compensation does not always come easily, and our lawyers can help you get what you deserve in a car accident case.
For a car accident in New Jersey, you can file a lawsuit if you sustain a serious injury or have a specific kind of personal injury protection (PIP) insurance coverage. Otherwise, your personal injury protection insurance applies. You have only 2 years to file a lawsuit in Cranford. The date the statute of limitations begins to accrue may or may not be the date the accident occurred, and our lawyers can help determine the filing deadline for your case.
Get a free case evaluation when you call the car accident lawyers of Agrapidis & Maroules, P.C. at (551) 525-6465.
When Can You Sue for a Car Accident in Cranford?
As a choice no-fault state, New Jersey lets victims file lawsuits against negligent drivers for accidents that result in serious injuries or if they have the no limitation on lawsuit option for (PIP) insurance.
You Sustained a Serious Injury
New Jersey has a serious injury threshold that car accident victims must overcome to file lawsuits because of the state’s no-fault rules for auto accidents. Death, loss of a fetus, displaced fractures, significant disfigurement and scarring, and other permanent injuries meet New Jersey’s definition of serious.
Medical records let us prove you sustained a serious injury during an accident and are eligible to file a lawsuit so that you may get more than what your personal injury protection insurance provides.
You Have the No Limitation on Lawsuit Option.
Victims who do not sustain a serious injury according to New Jersey’s definition may still file lawsuits for car accidents if they have purchased the no limitation on lawsuit option for their personal injury protection insurance. Most drivers do not have this type of PIP insurance because it is more expensive than the limitation on lawsuit option, which is more common.
What is the Statute of Limitations for Car Accident Lawsuits in Cranford?
New Jersey’s statute of limitations for car accident lawsuits is 2 years, but the accrual date may differ from case to case, affecting the ultimate filing deadline.
Immediate Discovery of Injury
If your injury is immediately apparent after a crash, the statute of limitations to file a lawsuit is 2 years from the accident’s date. Fractures, lacerations, contusions, and other common car accident injuries may be immediately painful and obvious.
Delayed Discovery of Injury
Internal injuries, soft tissue injuries, and others are sometimes discovered days or weeks after car accidents instead of immediately afterward. Delayed discovery tolls the personal injury statute of limitation, pushing the accrual date back to the date of discovery instead of the date of injury.
Defendant’s Absence from the State
Victims often cannot serve negligent drivers who leave the state after car accidents with lawsuits, and should not be barred by the statute of limitations for this reason. New Jersey tolls the statute of limitations if a defendant has left the state, and resumes the statute of limitations upon the defendant’s return to the state.
If New Jersey’s long-arm statute applies because of a defendant’s minimum contacts to the state, the tolling exception for the defendant’s absence from the state will not apply.
Plaintiff’s Age at the Time of Injury
If you were a minor when you were injured in a car accident, you would also benefit from tolling of the statute of limitations, which would only begin to count down on your 20th birthday, 2 years after reaching majority age.
Plaintiff’s Mental Disability at the Time of Injury
If a mental disability prevents a victim from suing, the statute of limitations is tolled until their disability is lifted, which would be the accrual date.
What Evidence Can You Use to Prove Your Car Accident Case?
Physical, testimonial, and documentary evidence can be effective in proving car accident cases, and our attorneys can collect and present strong evidence during your case.
Eyewitness Testimony
Eyewitness testimony is some of the strongest evidence in proving car accident cases, especially when it aligns with the physical evidence and photos we present. An eyewitness can be anyone present during the accident who witnessed what happened with their own eyes, including the victim.
The sooner our car accident lawyers can interview eyewitnesses, the better, so tell us right away whether you got their contact information.
Photos and Videos
Photos and videos are integral to accident reconstruction, which can help us show the exact sequence of events that led up to the collision, all contributing causes, and the general fallout and damage. Get photo evidence by taking pictures yourself if you are physically able.
More photos and videos might also come from eyewitnesses, law enforcement, and surveillance systems.
Medical Records
Medical records and bills let us prove not only that a negligent driver injured you, but also how much your injuries have cost to treat so far. Medical records should be thorough and up to date. Missing doctor appointments, whether intentionally or not, can have serious consequences for your case and compromise the medical evidence we can present.
Vehicle Black Box Data
Most cars have devices known as black boxes, also called event data recorders. These devices continuously record information so that they can store data from the moments preceding a crash. Black box data can tell us a lot about a specific vehicle, such as whether airbags deployed, the driver applied their brakes, seatbelts were used, and pre-crash speed.
We may use black box data from both vehicles to prove that the other driver was negligent and that you did not contribute to the accident by also acting negligently.
Get Our Help with Your Cranford Car Accident Case
Schedule a free case assessment by calling the car accident lawyers of Agrapidis & Maroules, P.C. today at (551) 525-6465.