PERSONAL INJURY LAW FAQS Why is the type of car insurance so important?    If you selected a policy with a “Tort Threshold” option, you could be limiting your rights to recover for a personal injury even if the accident was totally the fault of someone else and you are left with permanent pain and impairment of function. While this selection does save you some money on the cost of your car insurance, it also can cost you and your family immeasurable protection should your injuries, while significant, not reach the required level of severity in the eyes of the law. What does Personal Injury Protection (PIP) insurance mean?    This insurance pays the medical bills for you, your family and occupants of your car not covered by other insurance for automobile accident related injuries. The law requires you to work with the insurance company claims people in getting permission for treatment, tests and therapies. If a disagreement arises between you and the insurance company over what treatment is needed, an arbitration claim can be filed to resolve the dispute. Are there time deadlines for filing a claim for a personal injury due to an accident?    Yes. These are called “Statutes of Limitation”. While there are exceptions, generally, a personal injury claim has a two (2) year time limit and a defamation claim has a one (1) year limit. Property damage claims have a six (6) year limit. For these reasons, it is important that you see an attorney as soon as possible to protect your rights and process your claim or you risk having your valid claim forever lost. When a government entity (such as a city, county or state) is involved, do special rules apply?    Yes. Government entities are protected under the New Jersey Tort Claims Act. This law requires, within 90 days after the event causing the injuries, that you file a written notice of the claim with the government entity. While the courts can grant extensions of time to file a “notice of claim” up to one year after the date of the event, any delay beyond 90 days must be based on good cause. Lack of knowledge of the law is not an excuse. The failure to file a proper written notice of claim may forever bar you from having your valid claim considered. What is a Contingent Fee Agreement?    While there are numerous plans available between a lawyer and a client, the most common is the Contingent fee agreement. That means, generally, that if the case is successful by either court verdict or case settlement, the attorneys are paid their fees and costs out of the recovery. Typically, if there is no recovery, the contingency (producing a recovery) is not met and the client pays no fees or costs. Be aware that in some limited situations, an attorney may seek reimbursement of costs even in the event of no recovery. New Jersey Court rules require written plaintiff fee agreements when based on a contingency of actually winning the case or getting a recovery above the costs of the case. What is my case worth?    Your case value depends on the specific facts of the case, including how the accident happened, the nature and extent of the injury, the direct financial losses, future permanency or disability, and the impact on your life. Therefore, it is impossible to evaluate a case until all the evidence is obtained, including all medical records and reports. At that time, your case is evaluated and explained to you and settlement or trial strategies are developed. If cases are not settled by agreement of the parties, the value of a claim can be determined by mediation, arbitration or a jury in its verdict.