New Jersey Amputation From Car Accident Lawyer

Car accidents can result in a number of serious, often fatal injuries. Among the numerous possible car accident injuries are amputation. Any amputation leads to trauma. Often, vehicle accident survivors face a long recovery period. Survivors may feel the chances of having a normal life may be non-existent.

In New Jersey, car accident survivors have the right to sue for injuries sustained in a crash. According to data from the Amputee Coalition, approximately 2 million Americans are living with limb loss, a catastrophic injury because it requires lifetime recovery and rehabilitation.

What Are Amputations

Amputations often involve the loss of a limb such as arms, fingers, feet, legs or toes. Losing a limb often means needing to relearn how to manage daily activities. Amputations are known as catastrophic injuries because damages are often higher and medical expenses are not just for a limited amount of time. Anyone experiencing an amputation faces a lifetime of costly medical care.

How to File a Claim After Amputation From a Car Accident in New Jersey

In order to file a personal injury lawsuit involving an amputation from a car accident, due to another’s negligence, there is a statute of limitations in New Jersey of 2 years from the date of the accident. That means that in most cases a lawsuit must be filed within 2 years of the accident date unless your accident involves a local or state government entity. If it does, there is a different, and shorter, period of time to file.

If you are involved in an accident with a New Jersey state or governmental vehicle, you must submit a Notice of Claim to the public entity within 90 days. If you do not submit a claim within the filing period, you lose your right to seek compensation. If you have been involved in an accident with a government entity, it is best not to wait too long to contact the Todd J. Leonard offices in this kind of case, as the deadlines required for filing cannot be changed.

At our firm, we provide you with all the information needed to make informed decisions about your case. If you have lost a limb, or have been seriously injured in a motor vehicle collision due to another person’s negligence, it is important that you consult with an experienced New Jersey personal injury lawyer.

Fault in New Jersey Car Accidents

New Jersey is a modified comparative fault state, which means that if you are partially responsible for the accident that led to your amputation you may not receive the full amount of compensation available. An injured party can only receive a damage award if the percentage of fault is no greater than 50 percent in New Jersey. It also means the process to obtain adequate compensation is a bit more complex.

If a court decides the plaintiff is partially responsible for the car accident, the amount of compensation sought is reduced in proportion to the amount of fault that the court assigns. This means that should the court determine the plaintiff’s degree of fault for the accident is 51 percent or higher, the plaintiff would not be eligible to receive compensation.

An example would be if a New Jersey resident were involved in a car accident and lost a leg in the aftermath of the crash, and the court assessed the plaintiff’s degree of negligence in causing the accident to be 20 percent, the plaintiff would then receive 80 percent of the total compensation. On the other hand, should the court determine the plaintiff is 75 percent responsible for the collision, they would not receive any compensation.

Personal injury cases involving amputations from a car crash tend to take a fair amount of time to proceed to a conclusion since you will require extensive treatment including rehabilitation and your full medical needs have to be evaluated. Settlement negotiations usually are very protracted. It may be due to delays by the defendant. It may also be due to delays on the part of the insurance company. In sum, there may be significant delays if the insurance companies involved dispute the amount they feel is appropriate for a settlement.

At the Todd J. Leonard Law Firm, we are with you every step of the way. You are treated like you are family and we respect just how difficult it is to deal with an amputation due to a car accident. We listen closely to our clients to understand what their life was like before the accident, then work to develop a comprehensive recovery strategy that can get them back on the road to recovery. We are committed to doing our best to provide outstanding personal injury representation.

To learn more about how the Todd J. Leonard Law Firm can help you if you have suffered an amputation due to a car accident, call us today to discuss your case. There is never a legal fee unless we obtain a recovery on your behalf. We take great pride in being there for our clients when they need us the most. We will do everything in our power to obtain the best possible result for you. Call us at (973) 920-7900.