Compassionate Car Accident Lawyer

A car accident can happen in the blink of an eye, altering your life forever. Any kind of car wreck in New Jersey can be frustrating, but when the wreck wasn’t your fault–—or when a loved one has been lost due to the wreck—it can feel completely overwhelming. It’s important to reach out to legal counsel during these times. 

If you or a loved one has been injured in an auto accident in Denville or anywhere else in New Jersey, contact the personal injury and wrongful death attorneys at the Law Offices of G. Martin Meyers, P.C. The firm’s attorneys have more than 100 years of combined experience in striving for the rights of auto accident victims to pursue the compensation they deserve. Above all, the team treats every single client with compassion and respect. Set up a consultation today.

New Jersey Is a No-Fault Insurance State: What Does That Mean?

Different states have different policies regarding the ability of victims to bring personal injury lawsuits against the at-fault driver. New Jersey ascribes to something called “no-fault” auto insurance. Under a no-fault auto insurance policy, the insurance company agrees to pay for your injuries no matter who is at fault, you or the other driver, but the compensation for medical expenses and associated losses is limited by the amount of coverage you purchase. The compensation is covered under what is called the Personal Injury Protection (PIP) clause of your policy. 

When you have no-fault insurance, you are generally limited in your ability to bring a personal injury lawsuit against the at-fault driver, which is true in the Garden State as well. No-fault auto insurance, which is mandated in a dozen states, is designed to limit lawsuits and provide compensation for injuries from one’s own insurance policy under its PIP coverage. 

New Jersey, however, has its own unique twist on no-fault insurance. It’s known as a “choice no-fault” auto insurance state. 

Hurt in a Wreck?

What Is “Choice No-Fault”? 

In New Jersey, you can choose between what are called basic and standard auto insurance policies. The basic plan limits your options to sue the other driver. Under the standard policies, you have more options. PIP starts at the same level as basic, but can be increased. With a standard policy, you can also choose how much leeway you have to file a lawsuit against the at-fault driver. Generally speaking, in a standard plan, you get to choose between a limited right to sue and an unlimited right to sue. The latter, of course, might increase your premium but also allow you more opportunities to seek legal action to get redress for both your economic and non-economic losses. 

Who Gets To Sue Whom? 

PIP covers only economic losses, such as medical and treatment expenses and time lost from work. A personal injury lawsuit, in contrast, allows recovery for non-economic losses, such as pain and suffering and loss of consortium (companionship), which equates to a broader range of compensation. Under a basic policy, you are limited to filing a personal injury lawsuit under certain circumstances, limited to: 

• loss of a body part 
• significant disfigurement 
• significant scarring 
• a displaced fracture 
• loss of a fetus 
• permanent injury (meaning the affected body part has not healed to allow normal function, and is not expected to), or 
• death 

Under a standard policy, consider the following: if you choose the limited right to sue option, you are under the same restrictions as someone who purchases a basic policy. With the unlimited right to sue choice, you are free to file a lawsuit at any point for any reason, both economic and non-economic. You can receive compensation for the misery—pain and suffering—you’re undergoing, which is not available under a basic policy or a standard policy with a limited right to sue. 

These issues can be complex, which is why reaching out to a personal injury attorney is always a wise choice. 

Statute of Limitations & Comparative Fault in New Jersey

You only have two years from the date of your injuries to file a personal injury lawsuit in New Jersey. In addition, keep this in mind: New Jersey uses the legal principle of modified comparative negligence. Essentially, this standard weighs the negligence, or fault, of each driver in an accident and adjusts liability accordingly. For instance, if you’re rear-ended but your brake lights malfunctioned, contributing to the crash, you can be assigned part of the fault. 

If your non-working brake lights are deemed 30 percent at fault and your claim or lawsuit for injuries is $50,000, you can only receive 70 percent of that, or $35,000. If your fault is determined to be above 50 percent, you cannot receive anything. Accordingly, modified comparative negligence is also known as “the 51 percent rule.” 

Car Accident Attorneys in Denville, New Jersey

If you or a loved one has been injured in a car accident in or around Denville, New Jersey, reach out to the car accident attorneys at the Law Offices of G. Martin Meyers, P.C. to explore your legal options. You deserve full compensation for any injuries or losses you incurred because of someone else’s negligence.