Focused on Obtaining Fair Compensation for Injured Car Accident Victims

Insurance companies have one goal, which is to convince the injured party to accept the smallest settlement offer possible after sustaining injuries or property damage in a car accident. Because of the intense profit motivation insurance adjusters are faced with, you’re urged to seek the advice of an experienced Essex County personal injury lawyer to ensure the compensation you receive accounts for the entire package of monetary damages you’re legally entitled to as an injured accident victim. 

After all, once you accept a settlement award, you no longer have the legal right to pursue additional compensation for your losses, such as pain and suffering, past lost wages, future lost wages or earning potential, and current and future medical expenses. An experienced car accident attorney can review the details of your situation to make sure your settlement offer is sufficient to pay for these and other losses you might have sustained in the crash. If it’s not, they can take on your car accident case and request fair compensation from the insurance company on your behalf. 

If you’re ready to get legal advice from skilled car accident attorneys in Essex County, contact Birkhold & Maider, LLC, for a free case evaluation. Our legal team is here to help you better understand the legal process for recovering compensation from a claim with the insurance company or in the courtroom. When you get legal representation from our law firm, you can rest assured we’ll do everything we can to make the process as stress-free as possible while you recover from your injuries. Call today for a free initial consultation with compassionate car accident attorneys serving clients throughout New Jersey. 

What Do You Need to Know About PIP Insurance Coverage After a Car Accident in Essex County, NJ?

New Jersey follows a no-fault insurance law when it comes to car accident claims. This means that if you are ever involved in an auto accident, your insurance company is responsible for paying any medical bills related to the accident, regardless of which driver actually caused the collision.  

Coverage for medical expenses resulting from a car accident is paid through a provision called personal injury protection, or PIP coverage. You’re required to buy this type of auto insurance before you drive a car in New Jersey. The PIP policy you buy provides coverage for you, your immediate family members, and the passengers in your car, with some exceptions. The minimum amount of PIP coverage is $15,000 per person, though you’re encouraged to buy a policy with higher limits of up to $250,000 per person to ensure all your medical bills are covered regardless of the severity of the car accident. 

The main point of a personal injury protection policy is to pay for your medical bills stemming from a car accident, whether you or someone else caused it. So, if you need an ambulance ride to the hospital, followed by medication, surgery, and physical therapy, your PIP policy should cover these costs. Additionally, some PIP policies cover lost wages, funeral expenses, and essential services you might need while healing from your injuries, such as home health care or maid services if you’re too injured to clean your house. Standard PIP policies usually cover more expenses than basic policies, so it’s essential to check what coverage you’ll get before you choose this type of auto insurance. 

PIP coverage is often referred to as “no-fault” insurance because it is paid by the insurance company without regard to who was at fault for causing the auto accident. Despite this seemingly simple rule, a number of complications can arise depending upon the circumstances of the car accident at hand. When these issues occur, you will need to speak with a New Jersey car accident attorney about your legal options as a car accident victim in this state. 

The following are some examples of essential details that could affect your PIP coverage after a car accident in New Jersey:

• Pedestrian accidents: If you were injured by another car as a pedestrian, your own car insurance policy will kick in. But if you do not have a car insurance policy, the policy of a relative you live with may also cover your medical costs
• Passenger accidents:  As an injured passenger in a car accident, you can access your own car insurance policy or the policy of the driver who was driving the car in which you were injured
• Serious injuries: You may be entitled to pursue a claim against the at-fault driver if you suffer injuries that qualify as “serious” under New Jersey law, which a car crash lawyer can help determine for you 

At Birkhold & Maider, LLC, our experienced Essex County car accident lawyers can assist in reviewing all available PIP coverage. We can also go over the PIP coverage limits that might apply to your car accident case to ensure you are adequately compensated for your expenses. After all, while establishing the applicable PIP coverage is an important step, in many cases involving serious car accident injuries, it is really only the first step in ensuring you receive fair compensation. 

You may also encounter a situation in which you are involved in a car accident with an uninsured or underinsured driver. It is important to know your rights in these situations, which may include a claim against your own insurance company, the host vehicle’s insurance company, or even against the State of New Jersey. Additionally, if you were driving for work-related purposes, you may be entitled to bring a workers’ compensation claim in addition to any right to compensation you may have with respect to the at-fault driver. 

We understand how confusing it can be to determine which PIP policy you have and whether you should rely on it for compensation or bring a claim against the at-fault driver’s bodily injury coverage. So, if you have questions about how personal injury protection policies can affect the victims of motor vehicle accidents in New Jersey, we urge you to call our personal injury law firm today for legal assistance. 

What Is the Serious Injury Threshold in New Jersey?

Under New Jersey law, you can pursue a claim for additional compensation – outside of your own insurance policy – from the at-fault driver if you have sustained “serious injuries” in a car accident. The serious injury threshold is meant to provide you with a way to get additional compensation for medical costs, pain and suffering, and future losses—but only if your injuries are sufficiently severe.

Of course, it’s not always clear to accident victims what qualifies as a serious injury, as most injuries are painful but might only be considered minor according to New Jersey law. Fortunately, a skilled New Jersey auto accident lawyer can make sure you’re aware of which injuries qualify as serious enough for you to pursue additional compensation after a car crash. 

In general, the following bodily injuries are considered serious enough for a personal injury claim after an auto accident:

• Displaced fractures
• Significant disfigurement or scarring
• Dismemberment
• Loss of a fetus
• Permanent injury or limitation of a limb or organ
• Death

If you sustained one or more of these serious injuries, a New Jersey car accident attorney can help you file a personal injury claim against the at-fault driver’s insurance provider. This way, you can get compensation for pain and suffering, loss of enjoyment of life, and other damages that PIP doesn’t cover. You can also pursue additional damages for medical expenses and lost wages above what your PIP policy would offer. 

If the injuries sustained in your car accident do not meet the serious injury threshold, you won’t be considered eligible to pursue damages from the other driver or their insurance company. Instead, you will likely need to rely on your PIP policy for compensation for medical treatment, in addition to lost income, essential services, and funeral costs for a lost loved one, depending on your policy and your expenses associated with the car crash. 

Unfortunately, some of the most common car accident injuries would not be considered severe enough to sue for compensation in this state. These include sprains, strains, lacerations, whiplash, and some types of traumatic brain injuries. In general, if you’re expected to fully heal over time, with no scarring or permanent loss of function, you likely won’t be able to recover compensation above what your PIP policy will cover.

That being said, there are some exceptions and occasional updates to state laws involving motor vehicle accidents, so don’t give up hope that you might be eligible to make an insurance claim against the other driver’s liability insurance policy. A skilled New Jersey car accident attorney should know the most up-to-date information regarding the serious injury threshold and other important New Jersey car accident laws, so you should consult with one before determining whether you qualify for compensation. 

Our car accident attorneys are committed to getting our clients the maximum compensation possible, so we’d be happy to review your automobile accident case to determine your legal rights as an injured accident victim. If you want to know what legal action you can take as you heal from a New Jersey car accident, call our Montclair law office today for a free initial consultation with a compassionate auto accident lawyer. 

What Should You Do After a New Jersey Car Accident?

No one plans to be involved in a car accident, but this type of incident isn’t always preventable. That’s why it’s best to have some idea of what to do immediately after an auto accident, as no amount of defensive driving on your part can prevent a nearby negligent driver from colliding with your vehicle. If this happens to you, the following steps can help you protect yourself and ensure your New Jersey car accident case goes smoothly if you choose to take legal action:

• Determine if you or your passengers have any severe injuries requiring immediate medical treatment 
• Call 911 to report the auto accident and request an ambulance if necessary
• Wait for the police to arrive at the accident scene so you can complete a police report, assuming your injuries do not require you to take an ambulance to the hospital immediately
• Exchange insurance information with the other driver, making sure to avoid apologizing or admitting fault for the car crash
• Collect the contact information of any possible witnesses 
• Take pictures of the damage to the vehicles, traffic signals or signs nearby, and the injuries sustained by you and your passengers
• Take note of the weather conditions and any video cameras on nearby traffic lights, as these details can help determine the cause of the car accident
• See a doctor for diagnosis and treatment of any bodily injuries, since you’ll likely need medical care even if you didn’t need an ambulance
• Keep a journal to document your medical needs after the crash, making sure to describe your symptoms and note the dates of your doctor appointments and medical procedures
• Call an auto accident lawyer before you talk to any of the insurance companies involved in the crash, as the at-fault driver’s insurer will likely try to find reasons to deny your claim or pressure you to accept a settlement

If you were in a car accident in New Jersey and have not taken these steps yet, you can still get legal advice from an experienced car accident attorney eager to help you get the maximum compensation for your claim. When you call our law firm for legal representation, you’ll speak with caring car accident attorneys who can walk you through these steps to help your case, starting with collecting evidence to determine who and what caused the crash. 

We will then work on learning more about your injuries so we can find out if they make you eligible to request compensation from the at-fault driver’s insurance carrier. You can rely on our lawyers to negotiate on your behalf while we communicate with the insurance companies responsible for your financial recovery. If you’re ready to find out what kind of compensation you’re entitled to and how a skilled New Jersey car accident attorney can benefit your financial situation after a crash, call our law office today for a free consultation. 

What Are Common Causes of Motor Vehicle Accidents in New Jersey?

One of the most important factors of auto accident claims is determining fault in order to know whose auto insurance company should be held liable for the victim’s expenses. This involves figuring out not only who caused the auto accident, but how they caused it. Some of the most common causes of automobile accidents in New Jersey include:

• Drunk driving
• Speeding
• Fatigued driving
• Reckless driving, such as ignoring traffic signals, running stop signs, or making improper lane changes
• Poor road conditions, such as potholes, debris, or missing traffic signs
• Extreme weather, causing ice, snow, or rainwater to build up on the road
• Lack of regular vehicle maintenance, causing tires, brakes, or lights on the car to fail while driving
• Distracted driving due to texting, using social media apps, eating, or changing the radio station
• Defective vehicle parts, leading the engine, transmission, brakes, and other important car parts to malfunction on the road

Any of these issues can lead to an automobile accident, causing injuries or death to the drivers and passengers involved. In many cases, these problems are preventable as long as drivers, mechanics, vehicle manufacturers, and local government agencies put safety first when it comes to making, maintaining, and using vehicles and roads. When they fail to do so, they should be held accountable for their negligence, and a New Jersey car accident lawyer can make sure of this. 

If you have an idea of what caused your auto accident based on evidence from the accident scene, you should let your auto accident lawyer know. For instance, if the driver who struck your vehicle was slurring their speech or had alcohol in their car, you might suspect drunk driving as the cause of the crash. Similarly, if you noticed them looking down before the accident, they might have been distracted by their phone, while ice on the road might have been the issue if you saw their car sliding around the street before the collision. 

Of course, the police report should mention these details if anyone else noticed them, but it’s a good idea to tell your New Jersey car accident lawyer in case this is new information. They can consider your observations as they begin their investigation to determine fault. In most cases, they’ll also collect additional evidence to learn the cause of the crash, including witness statements, pictures, video footage from traffic cameras and dash cams, lab test results, and the police report. 

If you have information on how the accident occurred or are ready to begin the investigation to learn the underlying cause of the crash, call our New Jersey law firm to speak with a trusted auto accident lawyer. We’ve successfully handled numerous car accident claims for injured victims seeking fair compensation, and we look forward to doing the same for you. To speak with a skilled car accident lawyer, NJ residents are urged to call our law office today. 

What Financial Compensation Can an NJ Car Accident Attorney Help You Recover?

The financial compensation you can collect through your car accident claim will depend on several factors. A major one is the type of insurance policy you have, since basic PIP policies have different legal options than standard policies. In particular, a basic policy will typically pay for your medical costs, but won’t let you pursue additional compensation from the at-fault driver’s liability insurance policy unless your injuries are serious enough to meet the qualifications of the serious injury threshold. If you don’t meet this standard, your PIP will likely pay for your medical costs – up to $15,000 per person if you have the minimum required coverage. 

If you have a standard PIP policy, you can expect additional coverage. This means you’ll be compensated for your medical expenses, as well as lost income and essential services that you might need while recovering from your injuries. If you lost a family member who had PIP coverage, you could get money for funeral expenses and death benefits to make up for the loss of their income. 

You might be eligible to pursue additional funds, depending on whether you have a standard policy with a limited or unlimited right to sue. If your policy gives you a limited right to sue, you must have sustained severe injuries if you want the chance to initiate a car accident lawsuit against the at-fault driver. However, if you have a policy with an unlimited right to sue, you can bring a car accident claim against the other driver’s insurance provider even if your injuries are not severe enough for the serious injury threshold. 

If this is the case for you, some of the economic damages you can pursue include:

• Medical costs beyond what your PIP policy offers
• Lost income and loss of future earning capacity
• Property damage so you can repair or replace your vehicle
• Other crash-related costs you have paid or will pay out of pocket 

If your New Jersey car accident lawyer finds that you’re eligible to bring a personal injury lawsuit against one or more insurance companies, you might also be able to request non-economic damages to compensate you for losses that are not strictly financial. These include:

• Pain and suffering
• Mental anguish
• Emotional distress
• Loss of enjoyment of life
• Disfigurement

Your personal injury lawyer will let you know which damages you can request if you file a claim after a serious motor vehicle accident in New Jersey. They will also inform you if your case qualifies for punitive damages, in which case the at-fault driver is required to pay additional fees because of their gross negligence on the road. 

You’ll learn about the compensation to expect and more when you sit down with a skilled personal injury lawyer during a consultation. As you discuss how the car accident occurred and how it affected you, your lawyer will advise you on whether you qualify to initiate a personal injury lawsuit. If so, you can get compensation from the at-fault driver’s bodily injury liability coverage. 

If not, your lawyer can go over your other options for pursuing funds from the insurance companies that may be liable for your expenses, whether it’s your own insurer or someone else’s. If you’re ready to get answers about your personal injury claim, contact our New Jersey personal injury law firm today to speak with caring attorneys. 

How Can Our Seasoned Essex County Car Accident Lawyers Help You Navigate Potential Complexities in Your Case?

At Birkhold & Maider, LLC, our experienced Essex County car accident lawyers have collectively amassed decades’ worth of experience in getting injured clients the compensation they deserve following a car accident, regardless of the complexities a case may present. Whether you have attempted to negotiate with the insurance companies after your car accident or not, it is important to reach out to an experienced car accident lawyer to review your case and evaluate whether the insurance company is dealing fairly or not. 

If you have questions during your personal injury claim, rest assured we’re here to provide answers. A common concern our clients have is the amount of time it will take to pursue compensation. The answer is that it depends upon the complexities of your specific case and the severity of your injuries. The greater the severity and the more complex your case, the longer it may take. For example, claims against a manufacturer of a faulty car component can take much longer, as can cases involving multiple vehicles and potentially shared responsibility among insurance companies.  In some cases, we may even have to resort to a trial or arbitration to recover fair compensation. 

An additional detail to consider is that the State of New Jersey has a two-year statute of limitations for personal injury claims. This means you lose your legal right to compensation if you do not act within that two-year period, though there are some exceptions to that rule. For example, there are certain situations in which you must file a written notice of claim within 90 days in order to protect your rights. This makes it important not to delay in scheduling your free case evaluation with the experienced car accident lawyers at Birkhold & Maider, LLC.

When you contact our personal injury law firm, you can count on our Essex County, NJ, car accident lawyers to work tirelessly on your behalf to ensure that you receive appropriate medical treatment, have your medical bills paid, and are fairly compensated for your pain and suffering. Based in Montclair, NJ, our team will vigorously fight to protect your rights as you recover from your injuries. To learn more about our firm, we invite you to review our practice areas and attorney information. Once you’re ready to seek legal help, call 973-319-7795 to schedule a free initial consultation with our compassionate personal injury lawyers.