When victims survive pedestrian accidents, they might do so with devastating injuries. Though these injuries often lead to expensive medical care and other damages, such losses are typically compensable in claims against negligent drivers.
Before victims can file lawsuits after being hit as pedestrians, they may have to compare their injuries to New Jersey’s serious injury threshold. Your personal injury protection insurance covers you as a pedestrian, and if you have the limited right to sue option, you must have a serious injury to sue. In addition to passing the serious injury threshold, victims must file their claims on time, within two years of the accident’s date. To ensure we file your lawsuit before the deadline, we will carefully monitor your economic and non-economic losses from the accident, gathering proof of your damages throughout this process.
Call Agrapidis & Maroules, P.C., at (201) 777-1111 and schedule a free case assessment from our pedestrian accident lawyers.
Passing the Serious Injury Threshold for Newark, NJ Pedestrian Accident Cases
Pedestrians are often covered by their driver’s insurance even if they were not driving at the time of the crash. New Jersey’s no-fault rules for auto accidents extend to covered pedestrians injured by negligent drivers. Suppose you have the limited right to sue option for your personal injury protection insurance policy, which is typically most common among drivers. In that case, our lawyers can compare your injuries to the serious injury threshold to determine whether you can file a lawsuit.
New Jersey’s serious injury threshold can be found under N.J.S.A. § 39:6A-8(a) and includes injuries that cause death, dismemberment, significant disfigurement, displaced fractures, loss of fetus, or other permanent injuries other than scarring or disfigurement.
To show you pass the serious injury threshold, you must get a certification from your treating physician and send that to the defendant within 60 days of their response to your complaint. Physicians will only certify that you pass the serious injury threshold if you have medical records confirming that you do, which is why getting immediate care after an accident is important.
Pedestrian accident injuries are rarely minor, as being hit by any vehicle at any speed could present the risk of broken bones, head injuries, spinal cord injuries, crushing injuries, or others that warrant long-term medical care. Because of this, many pedestrian accident victims pass the serious injury threshold and can file lawsuits, but unless they get certifications from treating physicians, they may not get the compensation they seek.
Time Limits on Filing Pedestrian Accident Lawsuits in Newark, NJ
There is a time limit on filing a pedestrian accident lawsuit, and missing the deadline could bar you from getting compensatory damages.
Under § 2A:14-2, you likely have two years from when an accident happens to sue. Pedestrian victims rarely get tolling of the statute of limitations unless they are hurt as minors, which would pause the clock until they turn 18, according to § 2A:14-21.
Despite having two years to sue for pedestrian accident injuries, it often benefits victims to file their lawsuits earlier than the deadline. This could let you get damages sooner and ensure we can preserve vital evidence. For example, victims who delay their claims might lose access to reliable eyewitness statements, as witnesses could forget what they saw in the coming weeks if not interviewed. We can prioritize preserving eyewitness statements and other evidence that could help us prove liability, like footage from nearby surveillance cameras.
We can also quickly identify experts whose testimony might help your claim, including crash reconstruction experts. After hitting pedestrians, drivers might veer into other cars or fixed objects on the road, leaving behind debris that indicates the driver’s speed. Though pedestrians might be unable to take photos of crash sites because of their injuries, first responders or eyewitnesses may do so. We can obtain these photos when we contact law enforcement for the police report or interview eyewitnesses for their statements. Enlisting experts to help with your case early on is important, as the sooner they make their findings, the sooner we may be able to file your claim.
Calculating Victims’ Damages from Pedestrian Accidents in Newark, NJ
When estimating pedestrian victims’ damages from accidents, we will begin by identifying all economic losses, like missed income and medical bills. We can then turn our attention toward quantifying non-economic damages, which will require different tactics.
Economic Damages
Economic damages compensate victims for their financial losses, namely bills from medical treatment and lost wages. While these are the two most common economic damages victims incur, they might also have to deal with other expenses, such as home alterations necessary to accommodate permanent injuries. The cost of each medical appointment is compensable, including any surgeries, physical therapy treatments, or subsequent checkups with physicians. Furthermore, suppose you need any mobility accommodation devices, like wheelchairs or crutches, or will need additional surgeries or treatments after your claim ends. In that case, we will factor those costs into our compensation request.
When calculating your lost wages, our pedestrian accident lawyers may refer to recent income statements and paychecks to confirm your income before the accident. Pedestrian victims are likely to sustain life-altering injuries that could prevent them from returning to their previous jobs or the same level of employment and income. Victims whose injuries will cause lifelong lost wages can also get compensation for those future damages.
Non-Economic Damages
Our lawyers will assess various factors when quantifying a victim’s pain and suffering. These include the severity of the victim’s injuries, their chances of recovering, and their reduced quality of life since the accident. Victims can log their daily struggles by keeping a journal, detailing emotional distress or changes to their lives since an accident. Furthermore, victims can also speak to mental health professionals and confide in them about their pain and suffering. Experts can testify during trials to support our requests for non-economic damages and provide further context to a victim’s pain and suffering.
Call Our Newark, NJ Attorneys for Help with Your Case
Call Agrapidis & Maroules, P.C. at (201) 777-1111 for a free case review from our pedestrian accident lawyers.