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Can you take your accident and injury case to trial?

On Behalf of | Aug 17, 2022 | Personal Injury

Some car accident injuries are relatively minor, while others are considered quite severe. For example, a broken wrist is not typically a serious matter, but a head injury could lead to disability.

You want to get every cent you deserve in the wake of catastrophic harm such as:

  • Amputations
  • Spinal cord damage
  • Severe traumatic brain injury
  • Severe scarring or disfigurement

These injuries are devastating in many ways. They affect your relationships and quality of life, cause excruciating pain and restrict your mobility and independence. They are also catastrophically expensive to treat.

New Jersey is a “choice” no-fault state

Like others, you might feel that a lawsuit targeting the at-fault motorist is the only true path to justice. They should be held accountable for their negligent and harmful actions for the public to see.

Such feelings are understandable, but the no-fault system can limit your right to sue. When purchasing an auto insurance policy, you must choose between the full right to sue a driver or a limited right to sue.

If you chose the second option—limited right to sue—you must seek compensation through your insurer first. However, you may sue the at-fault driver for pain and suffering if you sustained permanent injuries in the crash.

If you chose the first option—unlimited right to sue—you must still deal with your insurer for economic damages like medical expenses and lost wages. However, you preserve the right to sue the at-fault motorist for any injury that causes you pain and suffering.

As you can see, the no-fault method of accident compensation is quite complicated. Learning more about catastrophic injuries and insurance law ensures you find a legal strategy that yields the most compensation for your harm.