Sue For Negligence Car Accident – At least several states around the world have adopted some form of “no fault” auto accident laws. In a no-fault system, accident victims often turn to their insurance companies to pay the damages they choose, including medical expenses and lost wages.
New Jersey is one of the few no-fault states that gives drivers a choice when it comes to auto insurance. Drivers who choose a policy often have no-fault coverage after an accident. On the other hand, if you buy a comprehensive car accident policy, your right to claim increases.
Sue For Negligence Car Accident
If you have been injured in a car accident in New Jersey, it is in your best interest to speak with an attorney as soon as possible. The auto accident attorneys at Maggiano, DiGirolamo & Lizzi can review your insurance and advise you of your rights and options.
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Personal Injury Protection, or PIP, is an insurance policy that provides no-fault benefits in the event of an accident. Drivers must have PIP coverage regardless of whether they choose a basic or standard policy.
The minimum PIP coverage required by New Jersey law is $15,000 per person, incidentally. Drivers can choose between a policy that covers only medical or coverage for medical and other economic losses. Additional PIP coverage and other optional coverages (such as bodily injury liability, collision and liability) can also be purchased as part of the basic policy.
Your PIP insurance will cover some or all of your medical and other losses that may occur after an accident. These benefits are available regardless of who is at fault for the accident.
No-fault laws are designed to lower the cost of car insurance by taking small claims out of court. Drivers who purchase no-fault insurance should benefit from faster payment of their claims, timely payments (as opposed to waiting for the case to work its way through the courts), and less pressure to go to court.
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Basically, no-fault laws limit the legal rights of drivers and passengers injured in car accidents. PIP insurance only covers a portion of the injuries you may sustain and limits your ability to seek compensation through a personal injury lawsuit.
Like most no-fault states, New Jersey law recognizes a few situations in which a party or parties injured in an accident may file liability against the other driver. New Jersey drivers who choose a basic auto policy can only file a claim if the accident causes:
To recover damages in court, you must be able to prove that (a) you were seriously injured in the accident and (b) the other driver was responsible for the accident. An experienced attorney can gather evidence of the driver’s negligence and make a strong case on your behalf for damages beyond the loss covered by PIP insurance.
If you have standard car insurance, you may have other legal options in the event of an accident. The general rules give the driver a choice between limited rights of way and unlimited rights of way.
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In a narrow right to sue, drivers and family members covered by the policy can only file a lawsuit if they have been seriously injured under the law (see above). With an unlimited right to sue, motorcyclists and their insurers can seek full compensation for damages, regardless of serious and/or permanent injuries.
Maintaining the right to file a lawsuit after a car accident gives you the right to seek compensation from the at-fault driver beyond what is paid by your PIP insurance. This includes all economic damages (including current and future medical expenses, lost earnings to date, and loss of earning capacity) as well as non-economic damages such as pain and suffering.
Standard policies also include uninsured motorist and uninsured motorist (UM/UIM) coverage. If you or a member of your household is injured in an accident by an uninsured or underinsured driver, your UM/UIM insurance will cover the losses that the at-fault driver cannot cover. Receiving UM/UIM insurance benefits depends on your ability to prove that the other driver was at fault for the accident.
The attorneys at Maggiano, DiGirolamo & Lizzi have more than a century of combined experience representing clients in motor vehicle litigation. We understand the complexities of New Jersey law without fail, and we can help you determine all of your compensation options.
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Our law firm is known for the results we achieve for our clients as well as the personal attention we give to each case. The award-winning lawyers at our firm are dedicated to understanding your unique needs and fighting to recover all the damages you deserve.
For a FREE consultation, call Maggiano, DiGirolamo & Lizzi at (201) 585-9111 today. Our auto accident attorneys are located in Fort Lee and serve clients throughout Bergen County and New Jersey. Another car accelerates and then the truck hits the car and hits its side. After this accident, 13 other cars were involved in this accident. This is what happened in Thackerville, Oklahoma according to KOCO News.
Another question that can be asked by many who have been involved in these accidents is whether people can be brought to court for being negligent in a car accident like this? Although the first accident may have been caused by the road conditions, the other 13 vehicles may have avoided the accident.
Negligence is best understood as a failure to act in a manner consistent with what a reasonable person would do in the same or similar circumstances. As a result, when a person is behind the wheel of a car, they have a responsibility to others on the road. Failure to act in a manner consistent with this responsibility may be considered negligence.
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Proving negligent conduct means that the driver must prove that the driver intentionally acted in an abnormal manner under the circumstances. On slippery roads, the driver must be careful, drive at a speed appropriate to the road conditions, and pay attention to the road. Examples of reckless behavior may include:
These are some examples of inappropriate operations that can cause road accidents. If someone is injured because a driver acted contrary to their duty to another driver, pedestrian, or bicyclist, they may be considered negligent.
Negligence must be proven in order for a victim to pursue recovery for injuries sustained as a result of a car accident. Without showing negligence, the plaintiff cannot succeed. Here are some ways you can be lazy:
An experienced Oklahoma car accident claim attorney can be invaluable to car accident victims. They have the knowledge and experience needed to help find evidence to prove negligence.
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Creating evidence is a requirement when filing an accident injury claim. Gathering evidence and presenting it clearly and concisely can help ensure that there are no questions about its validity.
When filing an accident injury claim due to negligence, there are certain factors that may be considered. There are financial and non-financial aspects of most claims and each one varies depending on the type of accident, the victim’s injuries, and the victim’s recovery time. Other injuries that can be treated include:
It is important that accident victims understand that once a claim has been filed, it can be difficult to reverse. When an accident injury lawyer prepares a claim, he makes sure that the claim includes all the damages that can be collected by the injured party.
Once it is confirmed by the victim’s legal team that there was a negligent driver who caused the injury, negotiations with the insurance company begin. If these negotiations are not successful in finding a good settlement for the victim, the next step is to file a car accident lawsuit. Appeal procedures include:
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It is also important for the victim to remember that if the case goes to court, and there is a judgment in his favor, the final judgment will not be applied until the victim has finished the time to challenge the judgment.
If someone has been injured in a car accident due to negligence, filing a lawsuit may be the best option to get full compensation for their injuries. The best course of action in such cases is to seek the advice of an experienced car accident attorney.
If an injured person needs a law firm with a reputation for excellence, turn to Graves McLain Personal Injury Attorneys. We are a top rated company. With decades of award-winning representation, our clients get the compensation they need to get their lives back on track.
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