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New Jersey Car Accidents – Should I Sue the At-Fault Driver?

Philip Ciprietti, NJ Car & Truck Accident Lawyer

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Motor vehicle accidents in New Jersey often result in injuries to the drivers, passengers or pedestrians involved. The aftermath of motor vehicle accidents is often stressful and overwhelming for the injured victims. Not only do they have to deal with their injuries and medical treatments, they also have to deal with auto insurance companies. In addition, they may be confused or conflicted about whether to sue the drivers who caused the accidents.

The decision to sue another driver after NJ car accidents in Southampton, Cherry Hill or Marlton is not an easy one to make for injured car accident victims. There are many factors injured car accident victims should consider when making the decision. In addition, injured car accident victims should consult a NJ car accident lawyer to discuss their concerns and questions regarding NJ car accident lawsuits before deciding to pursue them.

One of the factors injured car accident victims need to consider is the extent of their injuries. Consider the following situation: Driver A was stopped at an intersection and rear-ended by a delivery truck in Southampton, Burlington County, NJ. The truck driver was texting on his cell phone while driving and didn’t see that the light had turned red at the intersection. Driver A sustained soft tissue injuries to his back and neck. Driver A does not have verbal threshold or limitation on lawsuit, i.e., he can sue for pain and suffering regardless of the severity of his injuries. As a result of the car accident, Driver A needed physical therapy. Though he was prescribed 4 weeks of therapy, he felt much better after 2 weeks and stopped going only after a few sessions.

Related: New Jersey Car Accidents & Verbal Threshold – Can Injured Car Accident Victims Recover Damages? (Part 1)

In this particular NJ car accident, liability is clear, meaning there is no doubt that the truck driver was at fault. If Driver A pursues a lawsuit, the only issue to litigate is how much Driver A can financially recover for his damages, which is dependent on his injuries.

Because Driver A only had 2 weeks of physical therapy and no other problems after that, he may not want to pursue a lawsuit. The reason is because even though the other driver is clearly at fault, the financial recovery may be minimal. There are costs associated with pursuing a lawsuit, such as fees to obtain medical records, attorney’s fees and filing fees. These fees come out of the settlement proceeds. Driver A may receive nothing after all the fees are deducted from the settlement. Thus, in a car accident where the liability is clear, but the injuries are minimal, it may not be worth it to pursue a lawsuit.

Click here to continue to part 2 which discusses whether an injured car accident victim should pursue a lawsuit when liability is not clear, but the injuries are catastrophic.

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