After an accident, you must act quickly and consult an attorney who can immediately explain how the serious injury threshold affects your car accident case in Westfield and New Jersey. Do not wait to confirm whether your injuries are severe enough to warrant a lawsuit against the liable driver.
Our lawyers compare victims’ injuries to the serious injury threshold to see if they can sue despite New Jersey being a no-fault state and victims initially relying on their personal injury protection (PIP) insurance. We also handle calculating all economic and non-economic losses, filing lawsuits on time, and gathering enough proof to demonstrate fault.
Get a free case review from our car accident lawyers by calling Agrapidis & Maroules, P.C. at (201) 777-1111.
Understanding the Serious Injury Threshold and Westfield Car Accidents
In New Jersey, victims with the “limitation on lawsuit” option for their insurance may only sue for car accidents that cause serious injury. Otherwise, they must use their own personal injury protection insurance to cover damages, which might not be enough.
What is the Serious Injury Threshold
The following injuries are deemed “serious” in New Jersey and qualify victims to file lawsuits:
- Death
- Dismemberment
- Displaced fractures
- Significant disfigurement or scarring
- Loss of fetus
- Other permanent injuries
Who Does the Serious Injury Threshold Apply To?
The serious injury threshold applies to anyone covered by a personal injury protection insurance policy who has the limitation on lawsuit option. It limits lawsuits after car accidents involving vehicles, bicyclists, and pedestrians. The serious injury threshold does not matter after a motorcycle accident, as PIP doesn’t cover those collisions. It also doesn’t apply to anyone with the “no limitation on lawsuit” option for their PIP.
How Do You Pass the Serious Injury Threshold?
You pass the serious injury threshold by providing certified medical records proving your injuries are severe and deserving of compensation via a lawsuit. You must get this medical care to ensure records exist, but our car accident lawyers can handle collecting and submitting them to the court. You cannot pass the serious injury threshold without medical records, so always prioritize your physical health and safety after an accident.
Westfield Car Accident FAQs
Where Do Car Accidents Happen Most in Westfield?
Car accidents happen on North and South Avenues in Westfield, two of the busiest roads in town. Collisions also happen frequently at intersections.
Do You Have to Call 911 to Report a Car Accident?
You must call 911 to report a collision if you are at all injured. Also, call 911 if your vehicle is badly damaged. Our attorneys can eventually get the accident report that police officers complete.
Should You Talk to Eyewitnesses After a Collision?
Victims should not review every minor detail of an accident with eyewitnesses. However, victims should ask eyewitnesses for their names and phone numbers so our attorneys can ask them detailed questions soon.
What Pictures Should You Take After a Car Crash?
Take as many pictures as you can of damage to your vehicle and the negligent driver’s car. If you notice tire marks left on the road, photograph them as well. Do the same for any relevant debris or road signs.
How Soon Should You Get a Lawyer After an Accident?
Prioritize getting a lawyer as quickly as possible after a car accident in Westfield so that you can determine whether you pass the serious injury threshold and can sue for all the damages you incurred before the two-year filing window closes.
What Economic Damages Should a Car Accident Lawsuit Cover?
Your compensation claim should cover all financial losses. Including lost wages, hospital expenses, and property damage costs. You may incur many economic damages after an accident, and we can assert your need for all of them.
What Non-Economic Damages Should a Car Accident Lawsuit Cover?
New Jersey car accident victims who pass the serious injury threshold can also sue for any non-economic damages they have suffered, such as mental suffering, emotional distress, permanent disfigurement, and other damages.
What Are the Top Car Accident Causes in Westfield?
The following are some of the causes of car accidents in Westfield:
- Aggressive driving
- Distracted driving
- Drowsy driving
- Drunk driving
- Speeding
- Ignoring another driver’s right of way
- Making reckless lane changes
What if You Are Partially at Fault for a Collision?
Being partially at fault does not bar you from compensation, provided you are not more at fault than the other party; it only lowers your damages proportionally to your liability.
Must You Seek Medical Attention Immediately After an Accident?
Get immediate medical care if you are in any pain whatsoever after an accident. Some injuries are not immediately apparent, causing victims to delay medical care for hours or even days. Whenever you notice pain, get assessed for injury.
What Medical Records Can Your Car Accident Lawyer Obtain?
Our attorneys can obtain all medical records related to an accident, including emergency room records and records of long-term treatment plans. Please tell us which hospital you went to after the crash and which physicians and specialists have been treating you since.
How Long Do Car Accident Lawsuits Usually Take?
There is no average length of car accident lawsuits. Some settlements happen very quickly, while others take months or longer. Going to trial might resolve your case within a matter of days, though you might have to wait for the court to hear your case.
What Happens if You Miss the Filing Deadline for a Car Accident Claim?
If you miss the deadline for a car accident lawsuit in Westfield, you may no longer seek any compensation from a liable driver. Even if it has been almost two years or longer since the accident, you may still have time to sue if our lawyers can find an applicable exception to the statute of limitations.
Reach Out to Our Westfield Car Accident Attorneys Today
Call the car accident lawyers of Agrapidis & Maroules, P.C. at (201) 777-1111 for a free case evaluation.