Hoboken is an immensely walkable city, so you could be injured while out shopping or running errands. If you were hit during a walk or your commute, our attorneys can help you determine what the next move in your case should be.
Our team has been litigating on behalf of pedestrian accident victims in Hoboken for years. We thoroughly understand the complexity involved in these cases and the potential routes to recovering compensation. Surprisingly, your car insurance coverage might help you cover some of your damages relatively quickly. However, our lawyers can assess both your economic and non-economic losses and whether your insurance gives you the right to sue for pain and suffering. If your insurance does limit your legal rights, we can help prove that your injuries are severe enough that you deserve full compensation.
Contact Agrapidis & Maroules, P.C., by calling (201) 777-1111 for a free case analysis with our pedestrian accident lawyers.
How You Can Recover Compensation in a Hoboken, NJ Pedestrian Accident Case
Victims of pedestrian accidents in Hoboken often suffer serious damages that require significant compensation. However, getting coverage for your damages when hit as a pedestrian can be confusing because of the insurance rules used in New Jersey. While insurance might be available to cover some of your losses without having to prove liability, the same rules could also prevent you from suing. Fortunately, our pedestrian accident attorneys can review your options and start the claims process immediately. The following is how you can recover compensation if you were injured as a pedestrian in Hoboken:
When You Have Car Insurance
“No-fault” Personal Injury Protection (PIP) insurance covers those insured when they are in a car accident. Many people are surprised to learn that their car insurance will also cover them if they are in a pedestrian accident. Thus, if you are injured as a pedestrian and have PIP car insurance, you get coverage for your damages by filing a claim with your own insurance. You will also not have to prove the other person’s negligence before getting paid. However, there are limitations to this system that can seriously affect the type of compensation you can recover and how you can recover it.
These no-fault insurance rules prevent certain pedestrian accident victims from filing a lawsuit. New Jersey is a “right to sue” state, meaning that you must elect the “no limitation on lawsuits” option in your car insurance policy to have an unlimited right to file a lawsuit, according to N.J.S.A. § 39:6A-8(b). If so, you will have no limits on your ability to recover the damages your PIP insurance did not cover.
If you do not choose this option, your vehicle insurance will still cover your basic economic damages, but only up to a certain amount. PIP will not cover your “pain and suffering,” which are the non-economic damages caused by your accident. Further, you cannot file a lawsuit to recover non-economic unless you suffer “serious injuries,” as per § 39:6A-8(a). Serious injuries can include broken bones, significant scarring, disfigurement, miscarriage, and other permanent injuries.
However, you must “certify” in your lawsuit that your injuries are serious. After the defendant answers your lawsuit, we have up to 60 days to get expert witness testimony and medical records filed with the court. Once certification has been approved, the lawsuit will proceed normally.
When a Household Family Member Has Car Insurance
PIP insurance could still play a role in your case even if you do not have car insurance. If one of your household family members has car insurance, their policy would initially be used to cover your economic damages. However, your family member’s insurance policy would need to provide an unlimited right to sue, or you would need to have suffered a serious injury like those mentioned above to file a lawsuit for additional compensation.
When There is No Insurance Coverage
When you have no personal PIP insurance, and no one in your household has it, you still have a few options to recover compensation. The rules discussed above would not apply in these situations, so you could go directly to filing a lawsuit against the negligent driver. You could also file a third-party insurance claim with the other driver’s insurance provider. In most cases, though, we will file the insurance claim and your lawsuit at the same time.
None of the limitations on damages mentioned before are placed on the compensation you can claim in a lawsuit. You can claim all your economic losses, including medical expenses and lost wages. You can also pursue the full range of your non-economic damages. You will likely have “pain and suffering” long after your pedestrian accident, like PTSD when walking, anxiety over leaving the house, and a host of other emotional damages.
If you can file a lawsuit, either by not having insurance or through one of the exceptions above, you will typically have two years from the date the incident occurred to file your lawsuit, according to N.J.S.A. § 2A:14-2(a). This deadline would apply to most claims unless a rare exception applies, such as not being able to identify the driver of a hit-and-run accident. If the driver cannot be located or resides outside New Jersey, we can argue for more time to file your case.
Investigating Your Pedestrian Accident Case in Hoboken, NJ
The key to success in a pedestrian accident claim is starting quickly so we can investigate it thoroughly. Hoboken is a major transit hub connecting NYC to other parts of the state and country. As such, the city has countless train stations, bus stops, walkways, and parks where many pedestrian accidents occur.
Many of these locations will have numerous surveillance cameras, so it is possible that they recorded your accident. The sooner our team can investigate the scene, the better chance we will have of preserving the footage. This is especially helpful when the other driver claims you were negligent, like crossing against a red light or not crossing in a crosswalk. Surveillance footage can clearly show the other driver’s liability.
You will also need to get medical attention after your accident, even if your accident was relatively minor. Your medical records will help prove the majority of your likely damages. Remember, though, you will also need medical documentation to certify that your injuries are serious before continuing your lawsuit. However, you do not need these records in your possession. We will gather your records from your providers during our investigation.
Our Hoboken, NJ Pedestrian Accident Attorneys Can Help You Get Justice Today
For a free review of your claim with our pedestrian accident attorneys, call Agrapidis & Maroules, P.C., today at (201) 777-1111.