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Experienced Legal Counsel Get Injured New Jersey Motorists Compensated Fairly

Despite being called the “Garden State,” New Jersey is one of the nation’s most densely populated. With so many drivers, the chances of an accident are higher, and a serious accident can leave you with disabling injuries and resulting high expenses. At Miller, Meyerson & Corbo in Jersey City, we have decades of experience winning money damages for people hurt in motor vehicle accidents, both by pursuing insurance claims and in litigating in court.

Attorneys skilled at dealing with ‘no fault’ insurance laws

New Jersey is one of the few states with a “no fault” insurance law. This means that when you or a covered family member are in an accident, you first pursue a claim with your own insurance company for medical bills and related out-of-pocket expenses up to your personal injury protection (PIP) coverage limits. However, you cannot recover for pain and suffering, which can often greatly exceed those costs. For that, you must sue the other driver, but your policy may limit your right to do so. Some policies include an unlimited right to sue (based on higher premiums) while basic policies impose strict limits.

However, if your personal injuries are severe enough, you may be able to file a claim against the other party’s insurance (or the party personally, if their insurance coverage is insufficient), even if you have a limited right to sue under your policy. These injuries include:

  • Loss of a body part
  • Loss of a fetus
  • Displaced fracture of a bone
  • Permanent injuries
  • Permanent disfigurement or scarring
  • Wrongful death

Due to the uncertainties about how your right to sue may be limited, it is vital to consult with an experienced attorney before pursuing damages claim. We will give your case a full analysis and determine how to best proceed toward winning the fullest compensation possible.

Legal limits on recoverable damages demand aggressive attorneys

Even if you have a right sue another driver after an accident, there are usually limits on the damages you can recover. New Jersey applies the rule of modified comparative negligence, which means you can recover damages only to the extent you are not at fault. If you are, for example, 35 percent responsible for causing the accident, you can recover only 65 percent of your damages. If you are more than 50 percent at fault, you cannot recover anything at all. Determining the percentage of fault requires skilled analysis, often assisted by expert witnesses.

There are no size limits for compensatory damages awards — those for provable, calculable damages like lost wages, medical bills, and damage to your car. However, there is a limit on punitive damages, which are meant to punish the other party for willful or reckless acts or for gross negligence. The cap on punitive damages is five times the compensatory damages awarded or $350,000, whichever is greater.

There is a two-year time limit on seeking damages, which runs from the date of the accident. Given that some injuries— such as soft-tissue injuries — can take time to manifest and that insurance companies routinely take their time processing claims, it is important to consult with an attorney as soon as you are able.

Contact trusted New Jersey trial lawyers who fight for car accident injury compensation

The personal injury lawyers at Miller, Meyerson & Corbo are ready to aggressively pursue your damages claim, both in negotiations with insurance companies and defense counsel and in the courtroom if necessary. To schedule a consultation at our Jersey City office, call 201-333-9000 or contact us online.