Author: Asenka Interactive

As drivers in New Jersey, we aim to operate our vehicles safely to our destination, but while we drive safely, it’s important to understand the basic facts about the laws and the process in the State of NJ if you suffer personal injuries in a motor vehicle accident.

Edward P. Shamy Jr. is a personal injury lawyer proudly serving New Brunswick, NJ and the surrounding articles. In this article, we’ll detail the different car accident laws in New Jersey so you can know what to do if you are ever involved in an accident.

New Jersey is a No-Fault Insurance State

NJ is a no-fault insurance state, which means that your own insurance provider covers any medical expenses in the event of an injury.  Generally speaking, you cannot sue the party that caused the accident for your medical expenses, unless those expenses exceed the limits of your insurance coverage.  

The typical auto insurance policy provides $250,000 worth of medical insurance coverage with a $250.00 deductible, but there are numerous alternative coverage limits and deductibles available.  Many individuals choose medical coverage through their auto policy as low as $15,000, which in my opinion is a mistake, especially if they do not have adequate health insurance coverage.

Others choose to make their Health Insurance primary and therefore have no medical coverage through their auto insurance.  This selection should never be made without conferring with your major medical health insurance provider to determine if they permit you to make an election for your health insurance to be primary.

Coverage of $250,000 may sound like a whole lot of coverage but, with medical costs being what they are, it is certainly recommended

New Jersey Car Accident Statute of Limitations

In New Jersey if you are injured in a motor vehicle accident and wish to pursue compensation for your injuries, a lawsuit must be filed on your behalf within two (2) years of the date of the accident; or in the case of injuries to a minor, before their 20^th birthday (two years after an individual has attained the age of 18).  The Statute of Limitations cannot be extended. If the claim is not settled or filed within the two-year time frame your claim for compensation and damages is completely barred.

Call The Police At The Scene Of The Accident; Do Not Leave

In New Jersey, if you are involved in any motor vehicle accident resulting in injury to any person, or damage to property exceeding $____, you are required to remain and the scene of the accident and to report the accident to the police.  The drivers may not leave the scene until the police respond, investigate and permit them to depart.  Not only is it the law to report motor vehicles accidents, but it is also good practice. 

When the police respond they investigate, interview the drivers, take essential information, including insurance coverage from each driver, take statements from witnesses and prepare a report.  The police can also call a rescue squad to the scene if needed or requested.  It is wise for you to take photographs of the damage to the vehicles and the position in which each vehicle came to rest after the collision.

Comparative Negligence

Usually there is only one party responsible for causing an automotive collision, but sometimes it’s not that simple. New Jersey is a Comparative Negligence State.  If you are found to be 10% responsible for causing the collision you would receive 90% of the damages you suffered.  If you were found to be 50% responsible for the accident you would receive 50% of the damages.  However, if you were found to be 51% responsible for the collision you would be completely barred from any recovery for damages against the other party.

Contact a Personal Injury Car Accident Lawyer Today

If you’ve been injured in a car accident that resulted in injury and damage, and you’re looking for compensation from the party at fault, you’ll need the help of a personal injury lawyer with experience with New Jersey car accident laws.

Edward P. Shamy Jr. more than a decade of experience with helping NJ drivers receive compensation for medical expenses due to accident injuries. If you’ve been involved in an automotive collision and are looking to receive compensation for your injuries, contact Edward P. Shamy Jr. today!

There are so many factors to consider when deciding to pursue a case with a personal injury lawyer. But before committing to a specific attorney to assist you with your personal injury case, you’ll want to make sure that it’s the right fit for your specific needs, and that the lawyer will go to bat for you when the time comes.
Edward P. Shamy Jr. is a personal injury lawyer in New Brunswick, NJ that’s handled more than 1,500 cases. Given Mr. Shamy’s extensive experience with personal injury law, here are vital questions to ask a personal injury lawyer before hiring them.

Experience & Expertise

You’ll want to gauge the experience of the lawyer before hiring them. Do they have experience with cases similar to yours? How long have they practiced? What is their success rate? Getting a sense of their knowledge and experience can help you determine if they’re the right choice to handle your personal injury case.

Case Assessment

Provide them with the details of your case so they can analyze the facts and circumstances because every case is fact sensitive. Once they have a basic understanding of the facts, ask them their thoughts, what challenges they see, how they would approach the case and what the likely outcome or possible outcomes of the case could be.

Legal Fees

It’s important to establish the fee agreement before moving forward with hiring the lawyer and taking on your case. Most personal injury lawyers work based on a contingency fee basis, which means that you only pay a counsel fee if the attorney is successful in securing financial compensation for you. 

In New Jersey, attorneys representing a client in a personal injury case can work on a contingency fee basis, but the fees that are permitted to be charged are limited by the Courts.  The fee schedule allows a fee of one-third of the recovery for the first $750,000.  The counsel fee percentage decreases on the portion of any settlement or award which exceeds $750,000.

The client is also protected in the State of New Jersey because when calculating the counsel fee on a contingency fee case, the costs (medical records, reports, expert fees, filing fees etc…) are deducted first before the counsel fee is calculated.  For example, if a case settles for $25,000 and the costs are $1,000, the counsel fee would be calculated based on $24,000 which amounts to a fee of $8,000.  This would result in a net recovery to the client of $16,000.

Some states, (not New Jersey) permit the attorney to calculate the contingency fee on the gross settlement and then deduct costs.  In the preceding example if the fee were calculated that way it would be $8,333.33, and the client would receive $333.33 less in that State than the client would receive in NJ based upon the way NJ requires the fee to be calculated.

This rule in NJ protects the client and provides a motivation to the attorney to keep costs down because every $3 of costs will reduce the attorney’s fee by $1.  In NJ the client is NOT alone in absorbing the costs to pursue the claim.  The attorney shares those costs.

Timeline of Case

You’ll also want to get a sense of the projected timeline of your case. An experienced personal injury lawyer will have some insight as to the time required to develop and prosecute your claim for personal injuries. Some cases are resolved before a lawsuit is filed; some are resolved during litigation; others are only resolved after trial and a decision by the jury.  In my practice, I will not attempt to resolve your case until you have completed treatment because to do so could result in leaving tremendous amount of value of your case on the table. 

Generally speaking, an injury which could be treated by conservative measures alone, such as medication, physical therapy or chiropractic care is worth less than if the injury required more invasive treatment such as injections or surgery.  If a case is settled while treatment is still underway, the attorney cannot know if that client will need more invasive treatment after the settlement.  Unlike workers compensation cases, a personal injury case cannot be re-opened against the culpable party after it is settled.

Personal Involvement

The attorney who accepts your personal injury case is, of course, responsible to manage and prepare your file as well as to navigate the law and the complexities of the case and any ensuing litigation.  No attorney can successfully pursue a personal injury claim without cooperation and some investment of time from the client.  This may consist of simply providing information and context to help inform your case with personal factors like medical history, insurance documentation, hospital bills, as well as any evidence that you’ve gathered that could be relevant to your case. (photographs, incident reports).

Following the treatment plan prescribed by your physicians is also very important.  If your doctor suggests that you attend physical therapy 3 times per week and you fail to do so the defense will argue during settlement negotiations (and at trial if the case doesn’t settle) that your failure to follow doctor’s suggested treatment indicates that your injuries must not be as bad as they are claimed to be…otherwise you would have followed the treatment plan.  Gaps in your treatment or missed treatment or doctor’s appointment can negatively impact the value of your case.

Consult with an Experience Personal Injury Lawyer Today

It’s never wise to go through a personal injury experience alone. You’ll want someone with the necessary knowledge and experience that can effectively and efficiently navigate the complexities of these cases to ensure that your claim is heard and that you receive compensation for your pain and suffering, medical expenses, and property damage.

Partner with Edward P. Shamy Jr Today

If you’ve been injured in an accident and are looking for the assistance of an experienced personal injury lawyer that can take you through the process, properly manage your case, and bring it to a successful resolution, you can look to Edward P. Shamy Jr. for help.

Edward P. Shamy Jr. has successfully pursued thousands of personal injury cases in the course of his career.  There are many large personal injury law firms.  There are distinct benefits to being represented in a small experienced practice of one or two attorneys who know and understand your case and are equipped to manage it from start to finish

If you’re ready to take the next step and ask the questions posed above, contact Edward P. Shamy Jr. today!

If you’ve been injured in a motor vehicle accident, which was not your fault, filing a personal injury claim to receive compensation with the assistance of counsel is the best way to proceed.  However, with so many things happening immediately after the accident, there are some common mistakes to avoid that can significantly affect the compensation you may receive.

The law offices of Edward P. Shamy Jr. have handled more than 1,500 personal injury cases. With the insight from a personal injury lawyer in New Brunswick, NJ, here are some common mistakes that you’ll want to avoid if you’re involved in an accident:

Avoiding or Delaying Medical Attention

It’s perfectly normal to seek medical attention after an accident. However, avoiding medical attention simply because you feel your symptoms will resolve on their own is not advised. There could be underlying injuries where the full severity of your symptoms are not yet apparent. It’s important, for your personal injury claim, to have your injuries documents on medical records that you sought out medical attention for the potential injuries sustained during the accident.

Lack of Accident Documentation

It’s important to document the damages and injuries immediately following an accident. Be sure to take images of the property damage, the overall scene, and any signs of injury, such as cuts, or bruises. This visual evidence could be very important in the pursuit of compensation for your injuries. Having insufficient evidence and documentation may hurt your claim.

Failure to Call the Police When You are Involved in an Accident

It’s important that everything is documented at the scene of an accident, including statements from you and the other parties involved.  The responding police officer will prepare a report of the motor vehicle accident which will become the starting point for determining liability between the parties.  If you fail to report the accident, the other driver could attempt to distort how the accident occurred.

Delaying the Filing of Your Claim

While there’s a lot to consider when you’re involved in an accident, you’ll also want to file your claim in a timely manner. In New Jersey the Statute of Limitations is 2 years, which means your lawsuit must be filed within two years of the date of the accident or you are barred from pursuing a claim. If your claim is against a public entity a Notice of Claim must be filed within 90 days of the date of the accident. It is critical to obtain counsel soon after the happening of your accident.

Posting About Your Injuries or the Accident on Social Media

Your social media posts can be used against you. Insurers may use these posts to demonstrate that your activities online contradict the severity of your injuries. To be safe, it may be a good idea to take a sabbatical from social media during your recovery process.

Not Hiring an Experienced Personal Injury Lawyer

It’s never wise to go through a personal injury experience alone. You’ll want someone with the necessary knowledge and experience that can effectively and efficiently navigate the complexities of these cases to ensure that your claim is heard and that you receive compensation for your pain and suffering, medical expenses, and property damage.

Partner with Edward P. Shamy Jr Today

If you’ve been involved in an accident and are in the process of filing your claim, it’s important to avoid the mistakes that are listed above. When the time comes, you can consult with Edward P. Shamy Jr to learn more about the process of filing your personal injury claim and begin the process with an experienced personal injury lawyer.  Cases are handled on a contingency fee basis which means if there is no recovery there is no fee.

Contact Edward P. Shamy Jr. today.