How Car Accident Compensation Works in New Jersey
Our attorneys can guide you through the process, start to finish
After a car accident that wasn’t your fault, you have the right to pursue compensation under New Jersey law. However, the process to get the compensation you need and deserve can be long and complex. Our attorneys know how the system works and can put you in a better position to win.
If you were injured or a loved one died in a car accident in New Jersey, contact Shebell & Shebell, LLC for a free case consultation. At no cost to you, a member of our team can answer your legal questions and let you know if you have a strong case for crash compensation.
Here's what you need to know about New Jersey car accident law and crash settlements to help you spot - and reject - lowball settlements.
What does car accident compensation pay for in New Jersey?
Car accident compensation is the total value of a victim’s economic and non-economic damages. Economic damages are for things with established value like physical therapy treatment. Non-economic damages are for more subjectively determined losses like pain and suffering. Typically, injured New Jersey car accident victims are entitled to collect money for:
- Injury-related medical bills.
- Lost wages.
- Property damage.
- Pain and suffering.
- Reduced earning potential.
- Permanent disability.
- Loss of consortium.
- Loss of guidance.
- Loss of quality and enjoyment of life
If it was a fatal car accident, the victim’s loved ones may also be able to claim funeral expenses and death benefits. In some circumstances, it’s also possible to pursue punitive damages.
How is car accident compensation calculated in New Jersey?
Every car accident and every victim are different. This makes it difficult to say, in general, what a “good” car accident settlement is or provide an average car accident settlement for New Jersey. If you are injured, get an estimate on how much your claim is worth by calling Shebell & Shebell, LLC. In the meantime, here are some of the most important factors that affect victims’ compensation:
- Injury type and severity. Typically, the more severe and life-changing an injury is, the more compensation the victim collects. A severe injury may disable a person for life, requiring more intensive and long-term medical treatment than less damaging wounds. That’s why an accident victim with a Traumatic Brain Injury (TBI) or herniated disc is likely to collect more compensation than a victim with an arm bone fracture.
- Fault. New Jersey applies the “modified comparative negligence” law to car accident compensation. This means that after an accident, fault is divided among everyone involved. Compensation is then reduced by a victim’s percentage contribution to the accident. For example, if someone is 10 percent at fault in an accident, and their damages are $100,000, their compensation would be reduced by 10 percent to $90,000. With very few exceptions, injured car accident victims cannot collect damages if they are 51 percent or more at fault.
- Available coverage. The value of your claim may depend on the amount of applicable insurance coverage. An attorney can investigate to find all possible sources of compensation and coordinate coverage to maximize your recovery.
- Type of insurance. New Jersey has “no-fault” choice laws that help set compensation parameters and require drivers to purchase car insurance. After a New Jersey crash, you will usually file a claim with your insurance provider. If your damages exceed policy limits, you may file a claim or lawsuit against the negligent driver and/or their insurance provider for economic damages. However, whether you can sue for pain and suffering and other non-economic damages may depend on the type of insurance you have.
- Your lawyer. No one is required to have a lawyer handle their injury claim, but many people choose to do so anyway. The insurance industry’s own data shows that, on average, people who consult lawyers collect more damages than those who do not. This is true even after the lawyer has been paid. Not just any lawyer can get the job done, however. You need an experienced New Jersey car accident lawyer with a track record of success to collect the evidence you need and negotiate aggressively for maximum compensation.
Get the right New Jersey car accident lawyer for the right results
Seriously injured New Jersey car accident victims are entitled to collect financial compensation for their medical expenses, lost wages, as well as pain and suffering, among other damages. However, getting all the money you deserve is a battle. Don’t go into that fight without legal representation. We can help.
Shebell & Shebell, LLC has been serving injured New Jersey accident victims since 1927. We know how the law works. Put our experience to work for you. To find out if you have a strong case for financial compensation, contact Shebell & Shebell, LLC for a free consultation now.