FAQ Category: Car Accidents

Rarely. Punitive damages apply only in extreme cases of gross recklessness or intentional harm.  Insurance carriers normally do not cover punitive damage claims. They are often effectively used in the context of suing a drunk driver for their gross negligence or disregard for the safety of others.

Yes. Under New Jersey law, you may have a wrongful death claim for your economic losses.  You may also be entitled to partake in an award known as the survival claim, which includes the pain and suffering endured by the decedent. Generally, your relationship to the deceased, as well as…

An agreement between your lawyer and a medical provider to defer billing until your case is settled. This is also known as a medical lien.

Yes, if your policy includes rental coverage or if the at fault driver accepts liability.  This is often resolved at the time of property damage negotiations.

Most work on a contingency fee, usually around 33% of what you recover, only if you win.  In New Jersey, contingent legal fees are regulated by New Jersey Court Rule 1:21-7.  If someone is injured as a minor, the percentage fee is 25% unless the case goes to trial. Lawyers…

Not always. Most cases settle out of court. But if you are injured, never file a claim in Small Claims Court because if you settle there, you will not be able to pursue a claim for personal injuries.  Talk to a lawyer first.

A pre-trial phase where both sides exchange evidence, take depositions, and prepare for trial.  An initial discovery period is 300 days with an automatic extension of 60 days by agreement of counsel and letter confirmation.  Thereafter, discovery can only be extended by filing a Motion to Extend Discovery and receiving…

It typically involves investigation, filing a complaint in the Superior Court of New Jersey, Law Division, then 300 to 420 days of discovery, settlement negotiations, and possibly a civil jury trial.

It can take several months to several years, depending on the amount of available insurance, the nature and degree of your injuries, and the complexity of the legal issues.  Your case could take years to resolve if your case requires a jury trial.  Remember, insurance companies do not like to…

PIP reimburses medical providers based on a fee schedule, often less than billed charges.  They must submit their medical bills to the appropriate PIP carrier within 21 days after they provide their first treatment.