FREQUENTLY ASKED QUESTIONS
Check out our most frequently asked questions
Plenty of people routinely break the law by driving with no auto insurance. If you’re unfortunately hit by an uninsured driver, you will need to go to your own auto insurance company for compensation under the Uninsured Motorist (UM) portion of your policy. Your UM coverage should be at least as high as your liability limits, and hopefully higher. After all, doesn’t it make sense that you should have as much coverage for yourself, via your UM coverage, as you do to cover someone else’s injury claim against you under the liability portion of your policy?
Negligence is the failure to act as a reasonably prudent person would act in a given circumstance. The following driver is negligent if he is looking at his cell phone instead of braking behind the stopping car ahead. The commercial property owner is negligent if she sees a broken step on the path to her store and does not fix it before a patron trips and falls. The dentist is negligent if she pulls the wrong tooth. When someone is negligent, they did not intend for the bad result of their actions or inactions to happen.
If you were injured in a motor vehicle crash, the negligent driver usually has auto liability insurance from which your claim for economic (money) and non-economic (pain & suffering) damages will be paid. If the negligent driver is uninsured, then you must present a claim to your own auto insurance company pursuant to the uninsured motorist (UM) coverage on your policy. If the negligent driver’s insurance policy is insufficient to compensate you for the full value of your claim, then you must pursue underinsured motorist coverage (UIM) with your own auto insurance company to supplement the amount you received from the negligent driver’s company. If the person causing your injury acted recklessly or intentionally, a court could ultimately order that punitive damages be assessed in order to punish the person. Typically, punitive damages would not be paid by a person’s insurance company.
Individuals or corporate entities can be held strictly liable for injuries resulting from certain inherently dangerous activities, such as the use of explosives or storing dangerous substances. A dog owner is strictly liable for your injury if the person’s dog bites you, even if the owner was not negligent.
In deciding whether to undertake representation in a personal injury claim, the more information the lawyer has at the outset, the easier it will be to make a determination. If you have the police report, photographs or medical records, you should bring all the documentation to your first meeting with the lawyer. If you do not have any documentation, your lawyer will have you sign authorizations so the records can be obtained on your behalf.
The statute of limitations in New Jersey is 2 years. If a Complaint has not been filed in the Superior Court within 2 years from the date of your injury, or 2 years from when you discovered you were injured, your rights to pursue your personal injury claim will be forever barred. In some instances, the 2 year limitation period will begin to run from the time the injured party first discovers they are the victim of someone’s negligence. You should always consult with an attorney as soon as possible after an injury to ensure that your rights are protected.
In order to bring a claim for personal injury, it must be shown that you suffered an injury as a result of the fault of someone else. Negligence is the failure to act as a reasonably prudent person would’ve acted in the same or similar situation. If someone’s negligence substantially causes or contributes to your injury, you may make a claim for damages against that person or entity. If you lost income or other economic opportunities as a result of your injury, you are entitled to be compensated for those losses, in addition to compensation for pain, suffering, disability, impairment and lost enjoyments of life. A physical injury is not always necessary where it can be shown that someone attacked your reputation with written words (libel) or spoken words (slander), invaded your privacy or negligently or intentionally inflicted emotional distress upon you.
A Certified Civil Trial Attorney is a designation granted by the New Jersey Supreme Court to attorneys who are able to demonstrate sufficient levels of experience, education, knowledge and skill in civil trial practice. Less than 3% of the lawyers in New Jersey have met the strict standards set by the Supreme Court to be permitted to use the designation of Certified Civil Trial Attorney. A Certified Civil Trial attorney is someone who has:
-Been a member in good standing of the New Jersey bar for more than 5 years;
-Fulfilled ongoing requirements for continuing legal education;
-Demonstrated a substantial level of experience in civil trial law;
-Been favorably evaluated by other attorneys and judges familiar with his work, and
-Taken and passed a written examination on civil trial law.