When Can You Sue the Driver Who Caused a Motorcycle Accident in New Jersey?
If you are injured in a motorcycle accident, your first thoughts will probably center around medical treatment, physical therapy, and getting back to work. Unfortunately, because of the design and size of a motorcycle, many riders suffer devastating and life-changing injuries if they are in an accident. If you were not at fault, you have the right to sue the negligent driver to recover your financial losses as well as your pain and suffering. However, you have a limited time to do so. Below, New Jersey motorcycle accident attorney, and rider, Jerry Friedman, discusses the statute of limitations and what is necessary to sue the driver who hit you.
New Jersey Statute of Limitations for Injuries from Motorcycle Accidents
New Jersey has a statute of limitations that sets deadlines for when plaintiffs must file a lawsuit. If you were injured in a motorcycle accident, you have two years to file a claim in court. Many injured riders are not aware of this deadline. If they are focused on medical treatment and therapy or working with an insurance company to negotiate a settlement, the two years could quickly pass. Once the deadline has passed, an injured motorcyclist is prohibited from filing a lawsuit.
If you are injured in an accident, you should contact our experienced Woodbridge, MJ motorcycle injury attorney as soon as possible. Preparing a personal injury lawsuit takes time. More importantly, critical evidence might no longer be available if you wait. For example, many businesses have surveillance video that could have captured your accident. However, if you wait to contact our office, we have no way to preserve the footage. Additionally, it is best to question witnesses as close to the event as possible. Memories fade and some witnesses might no longer be available.
If you have hesitated and believe the deadline has passed, you should still talk with our office before assuming you do not have a case.
Suing or Accepting an Insurance Settlement for a New Jersey Motorcycle Accident
Another concern injured motorcyclists have is whether it is better to settle with an insurance company or file a lawsuit. Our Franklin Township, NJ motorcycle accident attorney is committed to helping you receive the compensation you deserve – either through a fair settlement or by taking your case to court. However, an insurance provider is looking to limit their liability or pay you nothing at all.
The Value of Your Damages
Before you can tell if a settlement offer from an insurance company is fair, our office will have to value your claim. When we estimate value, it is a two-pronged test. First, we have to assess your damages. Some of your financial losses are straightforward, such as your medical expenses and your lost wages. However, you are also entitled to the cost of future medical treatment and physical therapy, as well as the wages you will lose if you are unable to return to work for an extended period. Unfortunately, many motorcycle accidents result in permanently disabling injuries.
You are also entitled to be compensated for your pain and suffering. Many insurance companies will not factor this into a settlement offer. In those instances where it is considered, it is usually a formula that does not reflect your experience. Our New Jersey motorcycle accident attorney will work with you, your doctor, and others to determine exactly how the injury impacted your life.
The Strength of Your Case
The second part of valuing your claim is understanding the strength of your legal case. If the evidence is not convincing that another driver was negligent, then accepting a settlement offer might be a better option than taking your case to court. On the other hand, if the insurance company believes their client was negligent, you might receive a quick offer to prevent a lawsuit. By taking your case to court, it will give our office time to develop a negligence claim against the at-fault driver. Our office will work to build your case by gathering photos of the accident, police reports, witness statements, medical records, cell phone records, and other documents. Through the discovery process, our office will also be entitled to evidence in the insurance company’s possession. It is not uncommon for an insurance company to significantly increase its offer if the evidence is mounting against the defendant.
Contributing to a Motorcycle Accident in New Jersey
Under New Jersey personal injury law, the compensation you are awarded in a lawsuit could be affected by your contribution to an accident or your injuries. If a jury finds you twenty percent responsible for a motorcycle accident, your damages award would be decreased by twenty percent. If you are found to be over fifty percentage responsible, you will be prohibited from receiving any compensation from the defendant. Insurance companies and defense attorneys will attempt to show that your actions contributed to the accident. There is an unfair prejudice against motorcyclists in New Jersey. It is not uncommon for jurors to believe a motorcyclist is reckless. As a skilled Clifton, NJ motorcycle accident lawyer and avid rider, Jerry Friedman is aware of this prejudice and has experience combating the allegations the defense will make.
Call Our Experienced New Jersey Motorcycle Accident Attorney to Determine When You Should Sue a Negligent Driver
Motorcycle accidents are often devastating for the rider. When an injured rider is facing intensive medical treatment and a long physical recovery, they might not be considering pursuing a lawsuit. This is especially the case if an insurance company has offered a settlement. Our New Jersey motorcycle accident attorney understands both the hesitation and temptation. Jerry Friedman also knows that it often requires taking your case to court to receive the compensation you deserve. If you or a loved one was injured in a motorcycle accident, call 1-800-LAW-4-HOGS (1-800-529-4464) to schedule a free consultation.
