Auto accidents are one of the most common causes of personal injuries. If you have been injured by an automobile negligently operated by another person in New Jersey, you may be entitled to be compensated for your pain and suffering.  Whether you are entitled to be compensated for your pain and suffering depends in part upon the applicability of the Limitation on Lawsuit Threshold (also sometimes referred to as the "Verbal Threshold") to your case. In the event that you elected the Limitation on Lawsuit Threshold when you purchased your New Jersey automobile insurance policy which was in effect at the time of the accident, then in order to be compensated for your pain and suffering you will need to prove that as a result of the accident you sustained a bodily injury which resulted in:

• death,
• dismemberment,
• significant disfigurement or significant scarring,
• displaced fractures,
• loss of a fetus, or
• a permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement.

An injury is considered to be permanent for purposes of the Limitation on Lawsuit Threshold when a body part or organ, or both, has not healed to function normally and will not heal to function normally with further medical treatment. If you did not elect the Limitation on Lawsuit Threshold when you purchased your New Jersey automobile insurance policy which was in effect at the time of the accident, then the Limitation on Lawsuit Threshold does not apply to you, which means you can be compensated for your pain and suffering in most instances. Other rules apply to determine whether the Limitation on Lawsuit Threshold applies to persons not required to purchase automobile insurance because they do not own an automobile and for out-of-state residents. The Limitation on Lawsuit Threshold does not affect your ability to sue for economic damages, such as lost wages and property damage, incurred as a result of an auto accident.

If you think you have been injured by an automobile negligently operated by another person in New Jersey, then contact Klatsky & Sciarrabone and find out whether you have a case. Our experienced attorneys can get you the compensation you deserve. Contact us online or at 732-741-3200 to schedule a consultation about your case today.

Overview of the Civil Litigation Process

In those cases which cannot be settled without filing a lawsuit, the lawsuit is initiated by the plaintiff filing a Complaint which outlines the factual allegations giving rise to the claims entitling the plaintiff to an award. The filed Complaint is then served upon the defendant along with a Summons which directs the defendant to file an Answer and serve a copy of same upon the plaintiff. The defendant's Answer responds to the factual allegations set forth in the Complaint and asserts defenses to the plaintiff's claims.

After the defendant's Answer has been filed and served, the discovery phase of the litigation begins. During discovery the parties gather evidence through such methods as (a) interrogatories, which are written questions requiring written responses certified to be true, (b) depositions, which are verbal statements given by witnesses under oath in response to questions asked verbally, and (c) written requests for documents. Additionally, the parties may use requests for admissions to get one another to admit certain facts are true so as to avoid the need to offer evidence at trial to prove those facts admitted by the opposing party.

After discovery is complete, the parties will usually attempt to agree upon a settlement.

If the parties are unable to reach a settlement, then their case will proceed to trial.

Common Auto Accident Injuries

Injuries sustained from auto accidents can range anywhere from minor to fatal. The types of immediate injuries which often occur as a result of an auto accident include:

• Broken bones
• Lacerations and cuts
• Nerve damage
• Whiplash
• Spinal injuries
• Traumatic brain injuries
• Chronic pain

Types of Auto Accidents in New Jersey

 Common types of crashes include:

• Head-on collisions, which are among the most devastating types of collisions that can result in serious and life-threatening bodily injuries
• Rear-end accidents, which are among the most common and frequently result in whiplash
• Side-impact collisions, which are common, usually occur at intersections and can result in a range of injuries depending on where the vehicle was struck
• Roll-over accidents, which are less common but can result in head and neck injuries
• Sideswipe accidents, which are less common and occur when one of two or more vehicles traveling parallel with each other swipes the side of the other vehicle
• Blind spot accidents, which are less common and occur when one vehicle fails to spot another vehicle while changing or merging into another lane

The type of car accident can indicate liability for property and bodily damages. It's important to remember, though, that accidents can be complex events, and  though the type may initially and seemingly indicate fault, a thorough investigation must be conducted for a clear understanding of where liability falls.  

Common Causes of Auto Accidents in New Jersey

Car accidents happen due to many reasons. Typically, causes can be grouped into three categories: drivers, vehicles, and environment.

Drivers

• Intoxicated driving (e.g., alcohol, marijuana, prescription drugs, illicit drugs)
• Distracted driving (e.g., eating, texting, disciplining children)
• Drowsy driving or falling asleep while driving
• Speeding or reckless driving
• Decision error (e.g., driving too fast for the conditions, misjudging another driver's actions)
• Recognition error (e.g., inattention)
• Performance error (e.g., overcompensation, poor directional control)

Vehicles

• Tires/wheels-related
• Brakes-related
• Steering/suspension/transmission/engine-related
• Manufacture defects

Environment

• Slick roads (e.g., ice, loose debris)
• Glare
• View obstructions
• Signs/signals

When the cause of an auto accident is easily identified, liability will also tend to be easily identifiable. More complex auto accident cases, however, require the insight of an experienced attorney and the knowledge and expertise of expert witnesses.

Contact Klatsky & Sciarrabone Today

Auto accidents can be straightforward or complex. Regardless of which, it is in your best interests to speak to an attorney. At Klatsky & Sciarrabone, we work hard for our clients to obtain fair and just compensation. Contact us using our online form or by calling us directly at 732-741-3200 to schedule a consultation today.