A car accident attorney at Maggiano, DiGirolamo & Lizzi can pursue the compensation you deserve. Our top-rated accident lawyers are dedicated to maximizing your financial recovery after a crash.

Reasons to hire Maggiano, DiGirolamo & Lizzi include:

  • A Record of Proven Results. We have recovered millions of dollars in verdicts and settlements for the victims of auto accidents.
  • Vast Personal Injury Experience. Our injury lawyers have more than a century of combined experience representing those who have been harmed by others’ negligence.
  • Recognized as the Best in Our Field. Year after year, our attorneys have received the highest honors and accolades from multiple elite legal organizations and publications.

You have a limited time to file a claim. It is of the utmost importance to speak to an auto accident attorney promptly.

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Car Accident Attorneys Serving New Jersey

A car accident is a traumatic and often devastating event. Vehicle accidents can have a huge toll on your health and well-being — everything from physical pain to emotional trauma to financial losses.

The New Jersey Department of Transportation has published state crash statistics through 2020. In 2020 (the most recent year of data), a total of 190,783 auto accidents were recorded in New Jersey. Bergen County reported a total of 19,472 crashes – the second highest of any county in the state.

A car accident is a traumatic and often devastating event. Vehicle accidents can have a huge toll on your health and well-being—everything from physical pain to emotional trauma to financial losses.

Car Accident Case Study

MDL won a case for $7,000,000 for a 23 year old alleged to have been running across a four lane highway in the middle of a block and against a green light when struck by an oncoming motorist. She suffered brain injury resulting in severe cognitive and motor impairment and a speech defect, leaving her totally disabled and dependent on caregivers.

Can You Sue in NJ for a Car Accident?

New Jersey is one of only a few states in the country to adopt a no-fault law when it comes to car accidents. All drivers in New Jersey are required to carry personal injury protection insurance, or PIP. In the event of an accident, occupants turn to their own PIP insurance for coverage of certain losses related to the crash.

PIP insurance will cover the following damages in the event of an accident regardless of who is at fault:

  • Medical expenses related to your accident injuries (up to the limits of your insurance policy)
  • Lost income if you are unable to work after the accident (capped at $100 per week)
  • Reimbursement for essential household services
  • Death benefits; PIP provides the family of the deceased with a one-time payment for lost income and essential services, as well as up to $1,000 for funeral expenses

Read More: What Does No-Fault Car Insurance Cover in New Jersey?

Your ability to sue the at-fault driver (as well as the compensation you can pursue) after a car accident depends in large part on the insurance you purchase. Most drivers in New Jersey opt for the standard auto insurance policy. If you choose the standard policy, you must choose between an unlimited right to sue and a limited right to sue.

Choosing the unlimited right to sue gives you the option to bring a claim for any injuries and all of the damages you sustain in an accident caused by another driver’s negligence. This includes:

  • Current medical expenses and the cost of future medical care
  • All lost wages
  • Loss of earning capacity
  • Other out-of-pocket expenses, such as home and vehicle modifications, assistive devices, travel for medical care and therapy, etc.
  • Disability
  • Emotional distress
  • Pain and suffering

If you select the limited right to sue, meanwhile, you can bring a fault-based claim against the other driver for economic damages (such as costs related to medical treatment, lost wages, etc.). However, your ability to pursue compensation for non-economic damages is restricted to the following outcomes in the event of a car accident:

  • You suffer a permanent injury.
    • Defined by the New Jersey Department of Banking & Insurance as “when the body part or organ, or both, has not healed to function normally and will not heal to function normally with further medical treatment based on objective medical proof.”
  • The accident results in the loss of a body part (e.g., an amputation injury, loss of an organ, etc.).
  • Your injuries from the accident result in a displaced bone fracture (i.e., a complete break in the bone that results in a loss of alignment).
  • Injuries from the accident leave you with significant scarring or disfigurement.
  • The accident results in the loss of a fetus.

Drivers who purchase basic auto insurance only have the option of a limited right to sue. If you have a basic policy, you can bring a fault-based car accident claim against another driver for your economic losses but claims for non-economic damages are limited to the circumstances described above.

Read More: Is New Jersey a No Fault State?

Client Success Story
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Nothing but praise for Maggiano, DiGirolamo, and Lizzi. I have never seen such a fantastic display of teamwork at all levels of the firm. (As an aisde, everyone one who works at the firm was extremely courteous and kind – character traits that one would not typically associate with a law firm. )

Furthermore, the legal results brought about by Mr. Maggiano’s tireless litigation efforts on our behalf were very fair and just. If you ever find yourself in a car accident, be sure to consult Maggiano, DiGirolamo, and Lizzi.

- Haig Norian

Client Success Story
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The Maggiano, DiGirolamo, & Lizzi law office has been nothing short of amazing! All the members of their team have been outstanding from the beginning to the end. There were many struggles along the way with our situation, but they were right there when I needed them. As a person who has never needed a service of any lawyer, I had a ton of questions before and during the entire process, and I must say that Michael, Linda, Chris, and everyone else there, have all been straight shooters when it comes to the business. I would call/email them several times per day sometimes throughout the entire case and someone was always there to reply promptly and accurately each time. They do not mind going above and beyond for their clients which is honestly a rare thing to find in any professional line of work.

If you’re looking for a law firm with an amazing track record and who come highly recommended (even by other lawyers which I’ve spoken with in court during the case), look no further! You will not be disappointed with Maggiano, DiGirolamo & Lizzi law firm. If there ever comes a need for me to need assistance in a legal matter caused by a injury, I honestly would not even think twice before calling them again!

A+ on all aspects!

- Kristina Williams

Client Success Story
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We hired Chris DiGirolamo as our attorney after Mike suffered a life changing injury at work. From the time we met Chris we felt we can trust him to work in the best interest for Mike’s needs. Chris is very down to earth and we felt comfortable whenever we met with him. He spoke to us so we always understood what was going on. He never threw around legal jargon that we would not be able to understand. He was always willing to ensure we knew exactly how our case was proceeding. Chris showed humanity in dealing with Mike’s Injuries and understanding of Mike’s unwillingness to accept some of the changes in his life.

Chris’s high level of energy and desire to bring a case to the best possible results were evident from day one. Our case was settled but of court with the help of a mediator and Chris was by our side explaining what was going on every step of the way. His preparation throughout the case was evident as he spoke before the mediator. It was a pleasure to watch. Chris at work and know he was working for us. He is tough and stubborn when necessary. We were also impressed by the respect shown to Chris by the retired judge we worked with as well as other lawyers. Chris was only happy with this case when he knew we had a settlement that we were very impressed with.

- Michael and Donna Secol

Can You Sue for Pain and Suffering in NJ?

Pain and suffering is the umbrella term for the principal form of non-economic damages in a personal injury claim. Broadly, it refers to the non-quantifiable losses associated with a personal injury. These include:

  • Physical pain from your injuries
  • Emotional and psychological distress, including depression, anxiety, etc.
  • Inconvenience and frustration
  • Shame and embarrassment
  • Loss of the enjoyment of life

The ability to sue for pain and suffering and other non-economic damages after a car accident is contingent on your choice of auto insurance. Motorists in New Jersey who (a) have standard auto insurance and (b) choose the unlimited right to sue can make a claim for pain and suffering and other non-economic damages when they suffer injury in a car crash where the other driver was at fault.

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On the other hand, drivers who only have basic insurance and those who opt for the limited right to sue under the standard policy can only pursue compensation for pain and suffering damages if their injuries satisfy the tort threshold for non-economic loss (New Jersey Statute § 39:6A-8).

Under the limited right to sue, drivers can only seek compensation for pain and suffering after a car accident if they suffer permanent injury, dismemberment, “significant disfigurement or significant scarring,” displaced fractures, the loss of a fetus, or the wrongful death of a loved one. In addition, the law requires you to obtain a certificate from a licensed physician stating that you have sustained an injury that meets the statutory threshold within 60 days of the defendant’s response to your legal complaint.

How Is Pain and Suffering Calculated in NJ?

Unlike economic damages, there is no exact dollar value attached to pain and suffering. Insurance companies generally rely on one of two different methods for calculating pain and suffering damages:

  • The multiplier method: The value of economic losses in your car accident claim are multiplied by a number proportional to the seriousness of your injuries.
  • The per diem method: “Per diem” is Latin for “per day.” The insurance company will assess your injuries and how long they are expected to last, then calculate a daily dollar value for your pain and suffering.

There are two major problems with these methods. First, they are inexact, relying on general formulas rather than assessment of your particular car accident injuries and losses. Second, insurance companies do not apply the calculations consistently; often, they will undervalue serious claims or omit pain and suffering from settlements entirely.

A car accident attorney will fully investigate the crash and collect evidence to support your claim. Our accident lawyers will also consult your doctors and other medical experts to ascertain how serious your injuries are, how long they are likely to affect your life, and the monetary value of your pain and suffering and other non-economic damages.

How We Help Our Clients

CAUSES OF CAR ACCIDENTS

The cause of a car accident is not always apparent right away. However, many car accidents have preventable causes.

Driving under the influence is a major, devastating cause of car accidents. Of all fatal car accidents, 28.7 percent of drivers had consumed alcohol to some extent, according to New Jersey police data. Drunk driving has cost New Jersey taxpayers more than $1 billion, plus immeasurable emotional pain and suffering. Consuming alcohol, even in small amounts, decreases reaction time, dulls the senses, and affects judgment, vision, and alertness.

Operating a motor vehicle with a Blood Alcohol Concentration of 0.08 percent or greater is grounds for a drunk driving arrest; however, if you consume any amount of alcohol and your driving is negatively affected, you could be convicted of drunk driving. More than 1.2 million drivers were arrested in 2011 for driving under the influence of alcohol or narcotics. About one-third of all drunk driving offenders are repeat offenders, and it is estimated that only one arrest occurs for every 772 drunk driving occurrences.

Distracted driving is another major problem in the U.S. More than 9 people are killed and more than 1,000 people are injured every day in distraction-related crashes, according to the Centers for Disease Control and Prevention. Of all car accidents in 2011, 10 percent were reported as distraction-affected crashes. Distracted driving led to 3,331 fatalities in 2011, plus an additional 387,000 injuries. Of those injury crashes, 21,000 injuries were a result of of cell phone use; cell phone-related distractions caused nearly 400 deaths in 2011 alone. Whether the distraction is visual, manual, or cognitive, distracted drivers are a major hazard on U.S. roadways.

Texting while driving is a particularly troubling type of distracted driving. At any given moment, approximately 660,000 drivers are using cell phones or other electronic devices while driving. Reaching for a phone, dialing, or texting increases the risk of crashing by three times. Texting causes a driver to take his or her eyes off the road for an average of 5 seconds; if traveling at 55 miles per hour, 5 seconds is equivalent to traveling the length of a football field blindfolded.

Other causes of car accidents include:

Car Accident Lawsuit Verdicts and Settlements

$250,000 - Motor Vehicle Accident

To 84 year old man that was sideswiped by moving car as he entered street to open his car door.  He initially had no complaint of pain and refused emergency room 2 weeks later while visiting his family doctor an X-ray was done as a precaution and found a vertebral fracture and he had emergency surgery $250,000 was maximum available coverage.

$1,300,000 - Motor Vehicle Crash

For 76 year old man that was struck by a vehicle that was traveling in reverse and ran over his leg.   He required multiple surgeries and ultimately was forced to have an above knee amputation.

$750,000 - Motor Vehicle Crash

To a self-employed bagel store owner who suffered an aggravation of low back injury requiring surgery, urinary incontinence and post traumatic stress disorder.

POSSIBLE INJURIES FROM CAR ACCIDENTS

Depending on the type and severity of the accident, a crash can result in a variety of different injuries. While some are temporary, some accident-related injuries can be lasting or even permanent.

Brain and head injuries are a common result of car accidents. The trauma and impact of a car accident puts the brain at risk for movement within the skull. If the victim’s head is hit or hits another object, it can cause a traumatic brain injury. Car accident victims are also at risk for other head injuries, like concussions, even if there is no visible sign of trauma.

Neck injuries are another common result of car accidents, and they can have severe, lasting effects. Mild neck injuries from car accidents include whiplash and neck strain. Car accident victims can suffer from a neck sprain, neck strain, cervical radiculopathy (pinched nerve), or herniated disk.

Spinal cord injuries are the result of displaced bone fragments, disc material, or ligaments tear into or bruise spinal cord tissue. If nerve cells are damaged, communication between the brain and rest of the body can be interrupted, resulting in a loss of feeling or function for the victim.

do I need a car accident lawyer?

Back injuries are a result of the impact and trauma of an accident. The impact of a crash can cause sprains, strains, fractures, disc injuries, lumbar radiculopathy, thoracic spine injuries, and lumbar injuries. Back injuries may not be immediately apparent, and they can cause long-lasting pain or discomfort.

Facial injuries can be caused by contact with a steering wheel, dashboard, airbag, car seat, side window, or shattered glass. Facial injuries include bruises, lacerations, dental injuries, and Temporomandibular disorders of the jaw (TMJ).

Internal injuries can occur after a jarring incident like a car accident. Common internal injuries include injuries to the kidneys, spleen, liver, lungs, heart, or aorta. Fractured ribs can also cause punctured lungs or damage to other organs.

Psychological injuries can develop after a car accident. Victims can suffer from emotional distress, post-traumatic stress disorder, persistent anxiety, or depression, all of which have long-lasting negative effects on many aspects of a person’s life.

When to Hire a Car Accident Lawyer

Generally, it is in your best interest to contact an accident attorney as soon as possible if you or a member of your family has been involved in a car crash. It is of the utmost importance to start exploring your legal options promptly.

Minor car accident claims can typically be resolved without an attorney, especially if you are only filing a claim with your PIP insurance. However, you are not likely to have a complete understanding of your injuries or who is at fault until you talk to a car accident attorney.

Situations where you should seriously consider hiring a lawyer after a car accident include:

  • The other driver was at fault for the accident. From the driver’s behavior at the scene to conclusions made in the police report, multiple facts in the case can help to establish that the other driver was clearly at fault for the crash. An accident lawyer can help you protect and assert your rights under New Jersey law.
  • Fault for the accident is unclear. Some car accidents occur due to a combination of causes and the negligence of multiple parties. An auto accident attorney can assess the evidence in your case and determine who is liable (e.g., the manufacturer of a defective vehicle, municipal authorities that fail to maintain safe roadways, etc.).
  • You were seriously injured in the car accident. Claims involving serious and catastrophic injuries are always complicated. In New Jersey, the severity and permanence of your car accident injuries can also have a bearing on your legal options. You need an experienced injury lawyer to assist you with the challenges of your claim.
  • Your loved one died in a car accident. The death of a family member is one of the most traumatic experiences anyone can have. If your loved one was killed in a car crash and you suspect the other driver was at fault, an accident attorney can determine what your wrongful death case might be worth and pursue fair compensation on behalf of your family.
  • The insurance company will not settle your case fairly. Auto insurance companies are not in the business of making big payouts. Victims of car accidents are often faced with low settlement offers. In this situation, it is worth speaking to a car accident attorney to ensure you do not agree to settle your case for less than it is worth.
  • You need to file a car accident lawsuit. If the defendant refuses to admit fault and/or the insurer will not offer you a fair settlement, you need to be prepared to file a claim for the compensation you deserve. A knowledgeable auto accident lawyer can file suit on your behalf and, if necessary, try your case in court.

Frequently Asked Questions About Car Accident Injury Lawsuits

What should I do if I have been injured in a car accident?

No matter how slight the injury may seem, it is extremely important to seek professional medical help. Some injuries, such as concussions or internal bleeding, may not be apparent right away after an injury, so it is vital to have a proper medical examination.

In addition to preventing further medical complications, seeing a doctor right away will help your personal injury case. It is very helpful to have detailed medical records from right after the accident, and seeking medical attention immediately will help to show that your injuries were serious.

If I have been hurt in a car accident, who will pay for my treatment?

The person responsible for the accident (or his or her insurance company) will be responsible for paying for the damage to your vehicle and your medical treatment. In some cases, your personal insurance carrier will also be involved in paying your medical claims.

Where should I take my car to get it repaired?

It is up to you to decide where to take your car for repairs. Do not allow insurance companies to bully you into thinking you must take your car to the shop offering the lowest bid; you are entitled to have your car repaired to the same condition it was in before the accident.

Do I need a lawyer?

It is highly beneficial to get a legal opinion on your rights and responsibilities as pertaining to the accident. It is in your best interest to have a knowledgeable attorney review the facts of your case before deciding what course of action to pursue—especially if the other driver’s insurance company is offering you a settlement.

An experienced car accident attorney can recommend appropriate medical treatment, negotiate a replacement car, and negotiate a fair and full settlement with the insurance company. This settlement should take into account all of your damages, including your pain and suffering, and having a respected personal injury attorney on your case will spur the insurance company to take your claim much more seriously.

Where should I take my car to get it repaired?

It is up to you to decide where to take your car for repairs. Do not allow insurance companies to bully you into thinking you must take your car to the shop offering the lowest bid; you are entitled to have your car repaired to the same condition it was in before the accident.

What will this cost me?

In a personal injury case, your attorney is only paid if your claim is successful. Under this model, the attorney’s fee is simply a percentage of your damage award. If you are awarded nothing, you will not have to pay your attorney anything.

Keep in mind that using an experienced attorney can actually increase the amount of financial compensation you receive in a civil lawsuit, so even after the attorney’s fee is paid, you will have more money in your pocket than if you attempted to represent yourself.

What do I do with all the medical and car repair bills that come in after the accident?

Talk to your attorney about the bills. He or she can negotiate to have them paid by the insurance company directly, or in other cases, have them postponed until after your case has been resolved. Don’t let the bills worry you.

What if the accident was caused by a defective car part?

Automakers and parts manufacturers have a responsibility to supply the public with safe and effective cars, trucks, motorcycles, and ATVs. If a vehicle defect resulted in or exacerbated your injuries, you have every right to seek full compensation.

Instead of filing a lawsuit against another driver, in this case, you would file a lawsuit against the company responsible for the defective part. These cases fall under the umbrella of premises liability, in which manufacturers, designers, distributors, suppliers, and even retailers can be held liable for putting unsafe products on the market.

Keep in mind that product liability lawsuits are often complex and difficult to litigate—but that is not to say it can’t be done. Corporations maintain high-priced legal teams to fight defective products claims, so defective products cases must be handled carefully by an experienced personal injury attorney.

When should I file my lawsuit?

There is a two-year statute of limitations on personal injury cases in New Jersey. In other words, you have two years from the date of the accident to file a lawsuit against the responsible party. Failure to file a claim within two years means you will forfeit your right to compensation for your injuries.

With this in mind, it is important to contact a knowledgeable attorney right away, especially if the case involves defective car parts. Corporate attorneys and insurance companies aggressively fight products liability cases because a successful case can open up the door for similar cases and cost the seller a large sum of money. Therefore, it is important to contact an experienced products liability attorney who can obtain engineering reports, develop models or graphics of the product, take detailed statements from witnesses or government representatives, and thoroughly investigate your claim.

Even if the claim does not involve defective car parts, it is in your best interest to be proactive. The sooner your attorney can start on the case, the better chance he or she will have of preserving important evidence and mounting a successful case.

Will I have to go to court?

The vast majority of car accident claims never see trial. Claims are usually put to rest in settlement negotiations or negotiations with insurance adjusters before a court date is ever scheduled.

However, sometimes it is necessary to take a car accident claim all the way through the court process. Perhaps the two parties can’t agree on the exact cause of the accident, or maybe they cannot agree on what constitutes “fair compensation” for the victim’s injuries.

Regardless of whether or not your case goes to court, it is important to hire an attorney who has true trial experience. This will give you a stronger position at the negotiating table because the insurance adjuster or opposing attorney knows that you are ready and willing to take the case to court if you are not offered a fair settlement.

Contact Our Car Accident Lawyers if You’ve Been Injured

At Maggiano, DiGirolamo & Lizzi, our car accident lawyers evaluate your case for free and identify all of your options for pursuing compensation. We level the playing field so accidents victims and their families do not get taken advantage of by the insurance companies.

The auto accident attorneys at Maggiano, DiGirolamo & Lizzi are respected advocates who have won millions of dollars in verdicts and settlements for those who have been injured and lost family members in car accidents in Fort Lee, Bergen County, and throughout New Jersey. We treat each case uniquely and make it our priority to obtain the compensation you deserve for your unique injuries and damages.