Determining whether or not negligent actions caused an accident that resulted in injuries can be challenging in a personal injury case. Sometimes, an accident is merely an accident. However, there are situations where a drunk driver caused an accident, which can be easy to prove that they are at fault. Other times, proving negligence isn't so easy.

When it comes to car accidents, New Jersey is a no-fault state. This means that your no fault coverage is the first policy to cover any losses you incur during an accident regardless of who caused it. However, you can only file a lawsuit in NJ outside of the no-fault system if you have suffered a serious injury caused by a negligent party. However, you must be able to prove negligence in your case.

For more information about how negligence is established in a NJ car accident, read below. If you are hurt and need legal assistance, call a NJ car accident lawyer, such as Brandon J. Broderick, Attorney at Law. A lawyer can help you navigate the complicated process of obtaining compensation after an accident. We can help you determine who is at fault and how strong your case is.

Call us today and schedule an appointment for a free consultation.

When Another Party's Negligence Causes An Accident

The no-fault system has the advantage of covering medical bills promptly, so accident victims can avoid the legal process, which can be time-consuming. Since you are covered by no-fault insurance, you may only file a lawsuit against a negligent driver if you suffer serious injuries, such as a fracture, a limb loss, a permanent disability or injury, or if the accident is fatal.

Depending on the type of insurance coverage you chose, you may be entitled to compensatory damages for significant injuries. However, your insurance policy may only compensate you up to a specific amount of coverage. You will not be allowed to file a lawsuit for pain and suffering unless you have serious injuries.

Filing a Personal Injury Lawsuit in NJ

When you file a personal injury lawsuit in NJ, you must do so within two years from the date of the injury. To be successful and recover damages, you must establish the other party's negligence, which calls for proving the defendant owes you a duty of care and breached that duty, as well as causation, and caused real damages. This could be proven if the driver was speeding, distracted while driving, using their mobile phone or intoxicated.

  • Duty of care: The plaintiff must establish that the defendant owed them a duty to take reasonable precautions to ensure the safety of all drivers on the road. When assessing the amount of care owed to a plaintiff, courts consider the nature of the injury, the parties' relationship between each other, and the defendant's influence over the circumstances that result in the injury.
  • Breach of duty: After demonstrating the defendant owed the plaintiff a duty of care, the plaintiff must establish that the defendant did not fulfill that duty by failing to use reasonable care.
  • Causation: The plaintiff must be able to demonstrate a direct link between their injuries and the defendant's breach of duty. The damages must fall within the range of what the defendant's behavior would have allowed him or her to reasonably predict.
  • Damages: The negligence must have caused the plaintiff's injuries. There is no basis for payment if the plaintiff was not hurt and the defendant failed to take reasonable precautions.

The other party's lawyers may claim you shared some fault in the accident, which can impact your claim, via NJ's modified comparative negligence laws. In NJ, you cannot collect damages if you are more than 50% at fault. Your compensation will be reduced by the percent of fault you are assigned. If you were assigned 10% fault and awarded $100,000 in damages, you would collect $90,000.

However, a formula for noneconomic damages, such as pain and suffering, is not predetermined. A judge or jury will take into account how your injuries have altered your life.

Speak with an Experienced NJ Car Accident Lawyer

When faced with the realities of life after a devastating car accident, it's important that an accident victim is compensated accordingly so they can move on with their life and heal. We can help you do this.

The car accident lawyers at Brandon J. Broderick, Attorney at Law have years of experience in helping clients resolve their personal injury claims. We fight for complete client satisfaction.

Contact our office today and schedule an appointment with our team.

Posted by: Brandon J. Bro…
Date: Thu, 12/28/2023 - 15:42

Still have questions?

Call now and be done