FREE CONSULTATIONS 856.983.8695

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

Philip Ciprietti, NJ Car & Truck Accident Lawyer

Philip Ciprietti offers clients a genuine interest in their well-being and success and places clients’ interests first in all matters. Since 1982, Mr. Ciprietti has been certified by the NJ Supreme Court as a Certified Civil Trial Attorney.

Review: "His commitment and his willingness to go the extra mile, to fight hard for you make Phil an outstanding attorney. He is the one you want on your side." Read more testimonials.

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.

Feel free to call and schedule a FREE consultation. 800.281.8695

DISCLAIMER: This website does not create any attorney-client relationship or provide legal advice.  Read full disclaimer at the bottom of this page.

Car Accident Law Articles

NJ Car & Bus Accident Lawyer Discusses Serious Accidents and Fatalities Caused by the Use of Cell Phones While Driving

In New Jersey, drivers are prohibited from using their cell phones while driving, i.e., talking on the phone while driving and texting while driving. Title 39 of New Jersey Traffic Laws Section 39:4-97.3, also known as the NJ Cell Phone Law, provides: 39:4-97.3(1)(a)...

NJ’s Efforts to Stop Distracted Driving – By a Cherry Hill, NJ Car Accident Lawyer

Last month was National Distracted Driving Awareness Month. Law enforcement agencies across the United States participated in or launched campaigns in an effort to stop distracted driving. Many of them, including the New Jersey State Police, took part in the...

Liable Parties in a NJ Truck Accident – At-Fault Drivers and Their Employers (Part 1)

Many trucks, box trucks and tractor trailers travel on New Jersey highways such as I-295, the NJ Turnpike and the Garden State Expressway. Inevitably, truck-car or tractor trailer-car accidents happen, and NJ drivers and passengers are injured. If the truck or tractor...

Who Pays for a Pedestrian’s Medical Bills After Getting Hit By a Car or Truck in South Jersey?

Motor vehicle accidents happen quite often in New Jersey, including cities like Camden, Marlton and Cherry Hill.  One type of accident is a pedestrian-motor vehicle accident where the pedestrian is hit by a car, bus or truck. According to New Jersey State Police, 131...

New Jersey Car Accidents & Verbal Threshold – Can Injured Car Accident Victims Recover Damages? (Part 2)

Car and truck accident victims, who are subject to verbal threshold, may not know that they may still bring lawsuits against negligent drivers so long as their injuries fall under one of the injury categories pursuant to New Jersey's Automobile Insurance Cost...

FREE CONSULTATIONS

    Spam:  

    *No attorney-client relationship is created by use of this email form. Do not email confidential or time-sensitive information. Call the firm for immediate assistance.

    OUR OFFICE

    79 S. Maple Avenue
    Marlton, NJ 08053
    Phone: 856.983.8695
    Fax: 856.983.0015
    Toll Free: 800.281.8695

    Google Map/Directions