With millions of drivers on the road and everyone rushing to get to their destination, there are bound to be accidents. Some of those accidents can be severe and leave those involved with significant injuries and medical bills. Most people who suffer from a car accident have a difficult time working through their injuries and the psychological ordeal of what they just went through. Dealing with such a traumatic event is difficult enough without having to potentially fight with the insurance company over reimbursement for medical expenses or even suing the party responsible for the accident. The Matawan car accident lawyers at Mikita & Roccanova can help victims build a liability case.
What Expenses can a Victim Receive After an Accident?
The immediate aftermath of a car accident can be an expensive time in a person’s life. They might have multiple visits to the doctor or the therapist’s office, which can result in a person failing to go to work on multiple occasions. Even if there is no fault attributed to an accident, victims are entitled to receive compensation from their insurance. After a major accident, a person will have to undergo a medical examination either at the scene of the accident or later with their doctor. There might also be treatments or therapies required to treat any injuries. Victims are entitled to seek compensation from their insurance for any medical bills accumulated after the accident, and they should also keep a record of any new bills and expenses they accumulate.
Extended medical treatment and a major injury can prevent a person from going back to work, resulting in lost wages. Not every job can perform work remotely, so some people must take time off because they are physically unable to work. Victims can seek reimbursement for lost wages from their insurance. Victims should provide a record of their past pay studs to verify the exact amount they are unable to collect from their job. A major financial component of most liability cases pertains to pain and suffering. New Jersey is no-fault state, which prohibits victims from seeking that type of compensation from their insurance. However, they can seek pain and suffering damages if the victim attempts to file a liability claim against someone or an entity outside of the no-fault jurisdiction.
Why Types of Injuries Take Place After an Accident?
The types of injuries that a victim can sustain after an accident range from minor to severe. It is important for those involved in a traffic accident to seek medical attention, even if they do not feel immediate symptoms. There are certain injuries that do not manifest themselves until later. In addition, if a person sustains a major injury, they should not move until professionals arrive. Unnecessary movement could exacerbate an injury. Common injuries a person can experience include:
- Broken bones: These are the most common injuries that will take place during an accident. Sometimes, they are not easy to detect as serious bruising on a limb could cover up a broken bone. A doctor should be able to properly diagnose the extent of an injury.
- Cuts and scrapes: These can also be minor but lead to a more serious injury. If a cut or scrape goes untreated, it could become infected and lead to even more problems for someone going forward.
- Head injuries: These injuries can be the most difficult to detect. Immediately after an injury, a driver may feel fine but have no idea they sustained a head injury or whiplash. Common signs of this type of injury can be lingering headaches or extreme mood swings.
- Whiplash: This is another injury that might seem benign at first but can lead to more severe problems if left unchecked. A person might feel fine initially but experience the effects in the days after an accident. Common symptoms can include difficulty sleeping or concentrating.
- Herniated disks: If a person experiences whiplash, it could lead to a herniated disk, which causes excruciating pain in the victim’s back. Imaging tests by a doctor or hospital will provide a better picture of the injury and its seriousness.
- Burns: These injuries can be extremely painful and life-altering, depending upon their severity. A victim could find themselves in the hospital for an extended period to undergo skin treatment and observation if they receive significant burns.
- Internal bleeding: This is another hidden injury that can become troublesome if ignored or untreated. Doctors must act quickly once they determine if the victim is suffering because internal bleeding can also indicate damage to the organs.
- Leg trauma: This is another common injury that many car accident victims suffer from. Colliding with another car may result in the vehicle crushing a leg. The sooner a doctor can tend to these injuries, the more likely the victim will be able to recover.
Liability in New Jersey
It is important for those involved in car accidents in New Jersey to know that the laws in this state may differ from others. New Jersey is a no-fault state, meaning that it is possible for no one to be assigned blame for the cause of an accident. This will most often be the case when a police officer investigates an accident. Even though an accident may fall under no-fault limitations, a person has the chance to move beyond that if it meets certain criteria. If a person can file suit against another driver and their insurance, that person will have two years from the date of the accident to file a claim. If they fail to do so, then most courts will dismiss the case. However, a victim can claim extraordinary circumstances for the delay.
How Does No-Fault Insurance Work?
States that have no-fault insurance offer a quick and less confrontational method for an injured party to receive funds to pay back any medical bills or other expenses incurred due to the accident. Under this insurance, the injured party files a claim with their own insurance to receive compensation. The insurance will pay out the amount, regardless of who is ultimately at-fault for the accident. It means less legwork for the victim as they do not have to spend time trying to prove the liability of another to an insurance company. While the no-fault system is more efficient, it is not as financially beneficial to the victim. Insurance will only pay for legitimate expenses that took place after the accident; expenses like pain and suffering will not be included in any financial rewards.
What Impact Does the Comparative Fault Rule Have on Awards?
Going after the responsible party may not yield the full amount in compensation due to New Jersey’s comparative fault rule. The rule assigns responsibility among all parties involved and requires those parties to pay the percentage amount of the final award based on their level of responsibility. If a jury determines that the original plaintiff bears 10 percent of the responsibility of an accident, they will be responsible for 10 percent of the total award the jury determines. It is possible for a person involved in a case to not receive any compensation if they hold more than 50 percent of the responsibility.
Matawan Car Accident Lawyers at Mikita & Roccanova Help Victims Obtain Compensation for Their Injuries
If you were injured in a car accident and need legal assistance, reach out to the Matawan car accident lawyers at Mikita & Roccanova today. Call us at 732-705-3363 or contact us online for a free consultation. Located in Hazlet and Highland Park, New Jersey, we serve clients throughout Ocean County, Sussex County, and Pennsylvania.