Car accidents often leave victims with a wide range of damages they were not expecting to cover. Our attorneys can help you file a lawsuit to help cover the unexpected losses caused by the negligent driver.
After a crash, your insurance can initially help cover some of your medical bills and lost income. However, it will not pay all your lost wages nor compensate you for pain and suffering. To do this, you will need to file a lawsuit. If you have an upgraded “no limitation” insurance policy, the law gives you the right to file a lawsuit regardless of the severity of your injuries. If you have a basic policy, we must show that your injuries are serious to file a claim in court. Our team will gather your medical records and other evidence to prove the defendant is liable for your damages.
Call Agrapidis & Maroules, P.C. at (201) 777-1111 to discuss your case with our car accident lawyers free of charge.
How No-Fault Insurance Works in a Teaneck, NJ Car Accident Case
Proving a car accident lawsuit happens in stages as New Jersey is a no-fault insurance state. This system’s advantage is that you actually do not have to prove that the other driver was liable to recover compensation for your medical expenses and some of your lost wages. Your personal injury protection (PIP) insurance will cover these losses as long as you can provide medical records and other evidence that proves the accident occurred and the treatment you are receiving.
PIP Limits on Financial Compensation
While this seems like a common-sense way to handle something as common as car accidents, the process can quickly confuse victims because of its significant limitations. For instance, PIP will cover your medical expenses, but only those considered reasonable and necessary and only to the policy limits, the maximum of which is $250,000, as per N.J.S.A. § 39:6A-4(a). However, many victims quickly reach their policy limits because they have the minimum coverage amount of $15,000, leaving them needing further compensation.
PIP is also designed specifically not to cover all your lost income. According to § 39:6A-4(b), the most you can receive in a week for lost wages is $100, and you cannot get more than $5,200 in total.
PIP Limits on Pain and Suffering
Perhaps most shocking for car crash victims is that their PIP insurance provides no compensation for “pain and suffering.” These represent the damages you suffer from the accident that are not financial, like emotional turmoil and other intangible losses.
You can only recover pain and suffering damages and your remaining economic losses by filing against the at-fault driver, but NJ no-fault rules even limit that right. When our car accident lawyers start your case, one of the first steps we take is determining if your insurance is a limited policy or gives you an unlimited right to sue under § 39:6A-8(b). If you have the latter, there is no need to qualify your injuries as serious to pursue a lawsuit. If you have a limited policy, you can only file a lawsuit if you suffered serious injuries, as defined under § 39:6A-8(a).
Proving Your Damages and Liability in Your Teaneck, NJ Car Accident Claim
In nearly every case, the goal is to get your case into court by filing a lawsuit. It is the best way to get the full compensation you need for your recovery. To get beyond your insurance, we must “certify” to the court that your injuries are serious to meet the “serious injury” threshold. Once met, we will focus on gathering and organizing evidence to prove the defendant’s liability. As your case progresses, we can continually assess the impact of the incident on your life to get a value for your non-economic damages.
Proof of Damages
To start, we need medical evidence to confirm that your injuries meet the threshold. After we file the complaint to start your lawsuit, the defendant will respond with an “answer” to the court, either contesting or outright denying your claim.
Once the defendant has submitted their answer, we have 60 days to certify that your injuries are indeed serious. This involves providing all relevant medical records from any healthcare providers you have seen, including the emergency department, your various physicians, and diagnostic tests you have undergone. Thus, be sure to get medical treatment following the crash and follow any advice your doctors provide.
Proof of Liability
Then, we must prove that the defendant caused your damages. Several pieces of evidence are typically used to prove liability.
For example, the police report from your crash might contain statements from eyewitnesses and the investigating officer’s observations that illustrate how the other driver was negligent, even if that report might be inadmissible in its entirety. If the report notes that the police cited the driver for violating a traffic law, that record of conviction might help tip the scales in your favor. Our team will also contact witnesses to see if they will provide testimony during litigation. We can also use photos of the accident scene and your injuries to bolster your claims further, so feel free to take pictures if you can or ask someone for help.
The more evidence we have, the better since the defendant will likely accuse you of also acting negligently, even if it is untrue. Under § 2A:15-5.1, you will lose compensation equal to the percentage of fault attributable to your actions and cannot recover any damages if found more at fault than the defendant. However, our team will be prepared for these arguments and know how to disprove them.
Proof of Non-Economic Losses
Non-economic damages typically require different types of evidence than described above because of their subjective nature. Your medical records are a good place to start since they describe your injuries’ severity. Your testimony will also be integral as you are the best person to explain how the accident has impacted your life overall. We can also use mental health counselors and other experts to support your claims.
Call Our Teaneck, NJ Car Accident Lawyers for Help
Call Agrapidis & Maroules, P.C. at (201) 777-1111 for a free case review with our car accident attorneys.