Car accidents should never be taken lightly. If you were injured in an auto accident in East Orange, you may be able to recover sufficient compensation for your damages by filing a lawsuit.
In the aftermath of a car accident in East Orange, victims can determine whether or not they can sue by comparing their injuries to those defined in New Jersey’s serious injury statute. If your injuries meet the criteria, you can file a lawsuit instead of only seeking compensation via a personal injury protection (PIP) insurance claim. To confirm your injuries, visit the hospital immediately after a crash. In doing so, you can build medical evidence of your injuries. In addition to your medical records, surveillance footage, photos from the scene, and witness statements can be used to support your claim. You must file your case before the deadline, which is two years from the date of an accident in East Orange.
To schedule a free and confidential case assessment from our East Orange, NJ personal injury lawyers, call Legal Care at (732) 838-9769.
East Orange, NJ Car Accidents and the Serious Injury Threshold
Because New Jersey is a no-fault state, victims in East Orange are limited regarding when they can file lawsuits following an auto accident. Our attorneys will evaluate your case and your injuries to determine whether or not you can sue.
In East Orange, all drivers must carry personal injury protection insurance. This will cover your injuries following a car accident, unless your injuries are severe. If your injuries meet the criteria set forth in N.J.S.A. § 39:6A-8(a), meaning the auto accident resulted in death, dismemberment, significant disfigurement, significant scarring, displaced fractures, loss of a fetus, or another permanent injury, you can file a lawsuit against the driver responsible for your injuries.
The serious injury threshold applies to most persons injured in auto accidents, including bicyclists and pedestrians. Motorcyclists struck by negligent drivers do not have to meet the serious injury threshold in order to sue.
Even if you do not have a PIP policy yourself, you will likely be covered under another person’s policy. For example, children in a household are covered under a parent’s PIP policy.
Going to the Hospital After a Car Accident in East Orange, NJ
Even if you think your injuries are minor following a motor vehicle accident in East Orange, you must go to the hospital. This will result in medical records that can be used to support your claim.
If you were aware of New Jersey’s serious injury threshold prior to your accident, and believe that your injuries do not meet that threshold following the accident, you should still seek medical attention. Not only is this important for your overall health, but also for your ability to bring a claim.
There are many injuries that meet the state’s serious injury threshold that might not be immediately visible to victims. Going to the hospital will allow you to get your injuries diagnosed and treated by medical professionals. Our attorneys can then use those immediate records, as well as records regarding your ongoing medical treatment, to help prove your need for compensation.
Evidence in East Orange, NJ Car Accident Claims
There is a multitude of evidence that can be used to prove fault in a car accident case in East Orange. Useful evidence includes but is not limited to, security camera footage, medical records, photographs, and witness statements.
Immediately after your collision takes place, our New Jersey car accident lawyers will do a few things. We will start by surveying the location of your crash to see whether or not there are surveillance cameras nearby that might have filmed your accident. If there are, we will contact the owners to obtain footage. Such footage can be especially useful when supported by eyewitness statements.
To get eyewitness statements, we will refer to the police report for your accident. Although the police report itself cannot be used as evidence in your case, it can contain the names and phone numbers of eyewitnesses. Alternatively, you can speak to witnesses following an accident in East Orange to obtain their contact information.
We will then use a combination of other evidence, like statements from expert witnesses and your medical records, to meet the burden of proof and establish a defendant’s fault for your injuries. Additionally, we will present proof of damages, such as medical bills and records of lost wages, to reinforce your need for economic damages.
Statute of Limitations for East Orange, NJ Car Accident Claims
Victims of auto accidents in East Orange are held to a strict filing deadline for compensation claims. If you miss the deadline, you will not be able to recover compensation of any kind.
All car accident lawsuits must be filed within two years of a crash in East Orange. While New Jersey does allow tolling for delayed discovery, it might be difficult to argue that you were unaware of your injuries for some time after an accident, depending on the type of injuries you sustained.
Regardless of this exception to the statute of limitations, victims should be advised that filing well before the deadline is always the best course of action. In doing so, you will give our attorneys ample time to build your claim. Furthermore, the sooner you file, the easier it may be for you to uncover evidence of fault. Some evidence, such as eyewitness statements, might degrade over time. Other evidence, like security camera footage, might be deleted or destroyed if not accessed quickly enough.
Furthermore, delaying filing might suggest that you do not require compensation for your injuries. Because of this, it is crucial to bring your claim immediately after an auto accident in East Orange.
Call Our Attorneys About Your Car Accident in East Orange, NJ
You can call Legal Care’s Jersey City car accident lawyers at (732) 838-9769 to discuss your case today.