Inevitably, car accidents occur at the most inopportune time and can cause tremendous stress and anxiety for everyone involved. Worse, a serious auto accident may cause painful injuries and result in expensive medical bills. Sometimes a victim’s injuries render them unable to return to work.
If you were hurt in a serious New Jersey motor vehicle accident you should not try to navigate the complicated insurance process or legal system alone. To protect your rights, you should consult with an experienced personal injury lawyer as soon as possible after an accident.
Choose a Personal Injury Law Firm with Experience
Not all personal injury lawyers are the same. In fact, the personal injury lawyer who handles your claim may make a big difference in the outcome your case.
The Wieand Law Firm is lead by experienced car accident lawyer, Brent Wieand, who has handled hundreds of personal injury cases. He regularly handles car accident injury claims and has a track record of successfully obtaining compensation for his clients. Brent has been chosen as a Super Lawyers “Rising Star” from 2013 – 2016. He has the legal knowledge, skills and experience to handle even the most complex car accident case.
The Wieand Law Firm is proud to serve all of Camden, New Jersey, including the areas of Cherry Hill, Lindenwold, Haddon Heights, Haddonfield and Voorhees Township. Call us for a free, no obligation consultation at 1 (215) 666-7777 or fill out the online contact form.
The Time to File a Lawsuit is Limited by New Jersey Law
Each state has enacted a “Statutes of Limitations” which limits the amount of time a person has to file a lawsuit. The statute of limitations varies depending on the type of claim and from state to state. New Jersey has a two year statute of limitations for personal injury claims and actions for wrongful death. If you fail to file a claim within the statute of limitations you will lose your right to file a lawsuit.
It is important to contact a lawyer promptly if you are injured in an accident. Although two years may seem like a long time, you should not wait until the last minute to get legal help. It may take time to investigate a claim. In addition, the longer you wait to contact an attorney, the more likely that key evidence needed to prove your claim will disappear or go missing. Witnesses can go missing. Your memory of how the accident occurred may fade. Simply put, failure to preserve evidence may make it more difficult to prove your claim in court. For all these reasons, you should contact a lawyer as soon as possible after an accident so he/she can begin working to prove your claim.
New Jersey Verbal or Limitation on Lawsuit Threshold Option
New Jersey drivers are given the option to purchaser a less expensive type of automobile insurance coverage which is known as “Verbal” or “Threshold” Limitation on Lawsuit Option. The verbal threshold applies to named insureds who choose the basic insurance option; named insureds under the standard insurance policy who elect the verbal threshold as the tort option, and to named insured who fail to elect any tort option. Verbal threshold also applies to out of state residents injured in New Jersey automobile accidents that are subject to the “deemer statute” by virtue of their insurance carrier doing business in New Jersey, a person who does not maintain PIP coverage, passengers on certain buses, A New Jersey resident subject to the verbal threshold involved in an out of state accident, pedestrians injured in an accident that are subject to verbal threshold, as well as uninsured persons making a claim for UCJF benefits.
If you select the Threshold option, or are subject to the option, you ability to recover damages for pain and suffering caused by a vehicle accident may be destroyed. Under the threshold option, you cannot recover compensation for your injuries unless you satisfy one of the following criteria.
- Dismemberment or loss of a body part;
- Significant disfigurement or significant scarring;
- Loss of a fetus;
- Displaced fracture (a simple fracture does not meet the threshold unless it causes a permanent injury after healing);
- Permanent injury, within a reasonable degree of medical probability.
In addition, the threshold limitation does not only apply to you, but it also bounds all other immediate family members that live in your household. Thus, your automobile insurance selection can affect family members if they are hurt in an accident. They will also lose their right to sue for pain and suffering damages.
We strongly recommend that all New Jersey drivers DO NOT select the Threshold insurance option. It is a serious obstacle for car accident injury victims to obtain compensation for injuries suffered in a New Jersey car accident. Saving a few dollars on insurance premiums may come back to haunt you if you cannot recover compensation for serious injuries after an accident.
However, even if you did select the Verbal Limitation on Lawsuit Option, if you were seriously hurt in a car accident you should consult with an experienced personal injury lawyer in New Jersey. In many cases, skilled personal injury attorneys can help you overcome this legal obstacle. If you are subject to the verbal threshold you can still recover for pain and suffering if you satisfy the threshold. In addition, soft-tissue injuries and simple fractures can meet the threshold under certain circumstances. For example, if you suffer a permanent injury is an injury that has not healed to function normally and will not heal to function normally with further medical treatment.
To discuss your legal rights after an accident, call the Wieand Law Firm today. 1 (215) 666-7777.
What is Uninsured and Underinsured Motorist (UM/UIM) Coverage?
New Jersey law requires all automobile insurance policies for private passenger vehicles to provide for Uninsured Motorist (UM) coverage. In addition, New Jersey auto insurers must also offer Underinsured Motorist (UIM) coverage as an option.
UM coverage protects you if you are injured by another driver who is uninsured, insured under a Special policy or are struck by a phantom vehicle. Phantom vehicles may include hit-and-run accidents or if the at fault driver provided incorrect identification information at the scene. Under these circumstances, UM coverage will protect you and pay for damages you suffered.
UIM coverage will provide insurance benefits when the at fault driver does not carry sufficient insurance to cover the damages caused. Essentially, UIM coverage provides for extra insurance which is often needed if an accident results in serious injury. For example, if you carry $100,000 of UIM coverage and you are involved in an accident with a driver who only has $50,000 in liability coverage, you can make a claim against your own insurance for the $50,000 difference. In NJ, you are not allowed to purchase UM/UIM coverage in an amount greater than your liability coverage. Auto accident lawyer, Brent Wieand, recommends that New Jersey drivers purchase a minimum of $300,000 UM/UIM coverage in order to protect you and your loved ones in the case of an serious automobile accident.
Free Legal Consultation 1 (215) 666-7777.
Disclaimer: The Wieand Law Firm is based in Philadelphia, PA and proud to serve all of Pennsylvania and New Jersey, including the areas of Cherry Hill, Lindenwold, Haddonfield, Haddon Heights, and Voorhees.