Legal Question in Personal Injury in New Jersey

There are a lot of things going on here, and you should speak to an attorney right away. First of all, you should report the accident to your insurance company, if you have auto insurance. If you don't then in NJ you will be able to claim against the other driver's insurance company. This gets complicated very fast--even the insurance company will handle it from two departments (liability and medical). The most important things you should do now are (1) treat with your medical provider for your injuries; (2) take pictures and keep records of your injuries; and (3) talk to an attorney right away. Our office (and any attorney) handles these cases on a contingent fee arrangement, which means there is no fee unless and until you recover. The amount you recover is directly related to your treatment and your medical records, so it is CRITICAL to work with your doctors/providers to get you better. The reckless driving ticket will be very helpful in establishing liability--the insurance company will have a hard time denying liability in this case. And don't talk to the insurance company for the other side. Let us or whomever you choose as your attorneys take care of that for you. Feel free to call my direct line 267.639.3105 or e-mail [email protected].

It isn't so easy to answer your question.

First, even though the other driver is entirely at fault, you may be denied any recovery. In order to limit access to the courts, and to protect the profits of insurances companies, which as we know are too big to fail, our legislature has imposed very strict limiations on your right to sue. If you are smart, and well off, you bought your way out of these unfair limiations, called the verbal threshold, by purchasing the "full tort" option on your insurance. You might also have the full tort option if neither you or anyone in your household owns a car. But most people are stuck with it. If you are stuck with it, You must suffer a permanent injury. You must be able to prove that permanent injury with objective evidence. In other words, just saying you are hurt isn't enough, your doctor has to be able to point to something that otthers can see, like an MRI or Xray to prove the injury. Fractures can get you over the threshold, but they have to be displaced. Rib fractures, while painful, are not usually displaced.

This doesn't mean that you don't have a claim, it just means it is too soon to tell, and there is too little information to base an evaluation upon. Further, there are many other variables that go into the valuation of the claim, including your age, your fitness, your lost wages, the effects the accident has on your activities of daily living, the degree of residual impairment you suffer, what location you bring the suit in, and the perceived strength of your attorney.

For all those reasons, it is important that you consult with an attorney experienced in handling personal injury case, who has trial experience. I suggest you limit your search to those lawyers who have been certified by the Supreme Court of New Jersey as Certified Trial Attorneys, and who are members of the New Jersey Association of Justice, an organization of attorneys dedicated to preserving our jury system, and fighting for restitution of victims such as yourself.

I don't know where you are located, but if you contact my office, I will try to help you myself, or refer you to a competant attorney near your home.

you can email me at [email protected], or call 609729-1333.

You need to talk this out with a lawyer. A good lawyer won't charge for the consultation and advice, and you will have a much clearer understanding of the process. That includes who is responsible for paying the doctors and hospital, fixing the car and compensating you for the pain and suffering the incident caused.

I can tell you that I have been handling complex matters since 1991, and I think if you choose the right lawyer, you will save yourself a lot of grief. Feel free to call me direct at 215 592 0033 to discuss the options you have.

Mike Berman