Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for advice on your specific situation.
Detailed Answer
1. Understand Aggravation of Pre-existing Injuries in New Jersey
Under the “eggshell plaintiff” rule, you can recover for the aggravation of a pre-existing condition even if the injury was minor before the crash. New Jersey courts hold defendants liable for all harm they cause, even if the victim was unusually susceptible to injury.
2. Document Your Medical History Thoroughly
- Obtain pre-accident medical records. Gather records of diagnoses, treatments, imaging, and therapy notes from physicians, chiropractors or physical therapists.
- Visit a doctor immediately after the accident. Prompt evaluation establishes a clear link between the crash and any new or worsened symptoms.
- Keep a symptom journal. Record pain levels, mobility issues, and daily limitations. Include dates and details of flare-ups.
- Take photographs. Capture visible signs of injury, such as bruises or swelling. Photograph any medical equipment, like braces or slings.
- Retain all medical bills and receipts. Track out-of-pocket expenses for co-pays, prescriptions, transportation, and devices.
3. File Your No-Fault Insurance Claim
New Jersey’s Personal Injury Protection (PIP) benefits cover reasonable medical expenses up to policy limits, irrespective of fault. See N.J.S.A. 39:6A-2 for details on PIP eligibility.
4. Evaluate Your Right to Sue for Additional Damages
If your losses exceed PIP limits or if you sustain a serious injury under New Jersey law, you may pursue a tort claim against at-fault drivers. Serious injury thresholds include permanent disfigurement or significant loss of use. Consult N.J.S.A. 39:6A-4.
5. Understand Comparative Negligence
New Jersey follows a pure comparative negligence system. You can recover damages even if you share some fault, but your award will reduce by your percentage of fault. See N.J.S.A. 2A:15-5.1.
6. Meet the Statute of Limitations
File a lawsuit within two years of the accident. Under N.J.S.A. 2A:14-2, missing this deadline usually bars your claim.
7. Work with Experts to Prove Aggravation
- Retain medical experts. They can testify how the crash worsened your pre-existing condition.
- Obtain vocational and life-care planners. They quantify long-term costs if your condition limits work or daily activities.
- Use accident reconstruction specialists. They establish the severity of collision forces relative to your injuries.
Helpful Hints
- Act quickly. Early documentation strengthens causation arguments.
- Keep a single file. Organize all medical records, bills, photos, and correspondence.
- Notify your insurer. Report the accident and all symptoms within policy time limits.
- Avoid social media. Insurers and defense counsel may use posts against your claim.
- Consult an attorney before accepting any settlement. Lowball offers often ignore aggravated damages.