Filing a Lawsuit for Financial Compensation
Many accident victims think a denied insurance claim is the end of the road for them. That’s not necessarily true. Even if the insurance company denies your claim, you could still seek compensation from them by filing a lawsuit in civil court.
It’s crucial to review your PIP policy first. In New Jersey, some insurance policies include a “limited right to sue” option that prevents accident victims from filing a lawsuit unless their injury involves:
- A displaced fracture
- Loss of a fetus
- Significant scarring
- Loss of a body party
- Significant disfigurement
- Permanent injury
- Death
If you chose the “unlimited right to sue” option, you could initiate a lawsuit regardless of the type of injury you sustained.
The deadline for pursuing this type of case is called a statute of limitations. New Jersey has a two-year statute of limitations. This means you have two years from the date of the crash to file suit, or you could lose your right to hold the other driver accountable for their negligence in court.
You’re not limited to monetary losses, such as medical expenses and lost wages. You could also seek punitive damages during a civil lawsuit. An award of punitive damages is intended to punish the at-fault driver for their misconduct instead of compensating the accident victim.
You must provide clear and convincing evidence that the at-fault driver acted with malice or wanton or willful disregard for other people for a jury to issue this financial award.
The jury could also diminish your losses based on your percentage of shared fault. New Jersey uses modified comparative negligence to determine the compensation each party involved in an accident deserves. For example, if you suffered $40,000 in losses, but a jury finds that you were 25% to blame, you could seek no more than $30,000 in compensation. If your percentage of assigned fault is more than 50%, the jury will bar you from recovering any amount of compensation whatsoever.
Contact Brach Eichler Injury Lawyers for a Free Consultation
The Jersey City rollover accident lawyers of Brach Eichler Injury Lawyers have a proven track record. We have successfully represented accident victims throughout the Garden State and helped them reached their desired outcomes. When you hire us, you’ll receive the personalized attention and guidance you need to get your life back on track.
Our dedicated team is available 24 hours a day, seven days a week. We’re here when you need us most to answer your call and discuss your case. We treat every client as a priority from start to finish of the legal process. You will not have to go through this alone.
Brach Eichler Injury Lawyers takes cases on contingency, so you owe no legal fees unless we win. If we lose your case, you will never have to pay us.
Our compassionate and experienced Jersey City rollover accident lawyers are ready to help you get on the road to recovery. Do not hesitate to call Brach Eichler Injury Lawyers at (201) 583-5765 for a free consultation if you were injured in a rollover car accident.
