How Long After a Car Accident Can You File a Claim for Injury in NJ?

If you’ve been injured in a car accident, NJ law gives you two years from the date of the accident to file a personal injury lawsuit. However, there are cases where this deadline may be shorter or longer. For example, you only have 90 days to file a Notice of Claim if a public entity – such as a city, county, state, police, fire department, sanitation board, or education worker – is at fault.

For the timeline to file an insurance claim, contact your insurance company as soon as possible. The rules of your specific policy will determine how fast you need to act.

How Long Does a Car Accident Settlement Take?

The timeline for every car accident case will differ depending on the specific circumstances. However, most personal injury claims in New Jersey can take anywhere from six months to two years to settle. Some cases may take more or less time based on factors such as:

• The severity of your injuries
• The number of at-fault parties
• Disagreement on the cause of the accident
• Whether your case goes to trial
• The insurance companies involved

An experienced car accident attorney can review your case and give you an idea of how long your claim may take to settle.

How To Get a Police Report for a Car Accident in New Jersey

You must file an accident report with the police within 10 days of an accident if it causes injury, death, or more than $500 in property damage. If you don’t file a police report in time, you can be fined up to $100. Your license may also be suspended or revoked.

After the police report has been completed and approved, you can request a copy in person, online, or by mail.

Can You File a Car Accident Claim Without a Police Report?

Some minor insurance claims may be filed without a police report. However, NJ law requires you to file an accident report with the police for all incidents with personal injury, death, or property damage over $500. Police reports can be crucial to defending your claim.

Should I Get an Attorney After a New Jersey Car Accident?

Contacting an attorney is the smart decision whenever you are involved in a car accident, whether the crash was a fender bender or resulted in significant injury. Insurance companies will scrutinize everything you say and do to find a reason to deny you coverage. Additionally, you may not realize the complete value of your claim. A skilled personal injury attorney has the experience to be sure all your losses are taken into account.

After an accident, your focus should be on healing from your injuries and getting back to your routine. Hiring the right attorney takes the weight off your shoulders. Your attorney can:

• Communicate with your insurance company, the other driver’s insurer, and anyone else requesting information about the claim
• Gather evidence and talk to witnesses
• Represent you in settlement negotiations
• Fight for maximum compensation in court

What Are New Jersey’s Auto Insurance Requirements?

All drivers must have proof of auto insurance to operate a vehicle. Your minimum coverage will depend on whether you have a Basic or Standard policy.

The minimum required insurance in New Jersey for a Standard policy includes:

• Liability insurance – This coverage pays for others’ damages if you are responsible for the accident. The minimum requirements for bodily injury coverage are $25,00 per person and $50,000 per accident. It also requires $25,000 in property damage coverage per accident.
• Personal injury protection – Personal injury protection (PIP) coverage pays medical expenses for you and others covered under your policy regardless of fault. You must have a minimum of $15,000 per person or accident.
• Uninsured/underinsured motorist coverage – If you are involved in an accident with an uninsured or underinsured motorist, this coverage will apply. Uninsured/underinsured motorist coverage is available up to the same amounts as liability coverage.

For a Basic policy in New Jersey, you must have a minimum of:

• Liability insurance – The minimum liability coverage on a Basic policy only pays for others’ property damages. This coverage is a minimum of $5,000 per person or accident.
• Personal injury protection – Basic policies also must have a minimum of $15,000 per person or accident in PIP coverage.

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Four Years of the American Dream

The American Dream Mall, located in East Rutherford, New Jersey, occupies over 3 million square feet and contains over 450 stores, making it the second-largest mall in the United States. But American Dream isn’t just a shopping mall–half of its complex is devoted to entertainment, including an indoor amusement park, water park, ski and snowboard park, mini golf, and much more.

On February 19, 2023, at American Dream’s DreamWorks Water Park, a large decorative helicopter hanging from a ceiling fell into a pool and injured four people. All four victims suffered non-life-threatening injuries, and the park reopened six days later, on the 25th. State officials reported that the helicopter had fallen because the rope holding it up had been damaged. Lisa Ryan, a spokesperson for New Jersey’s Department of Community Affairs, stated that the helicopter had been “‘inspected during building construction’”, but not at any point after construction. Ryan said that “‘as per the Uniform Construction Code, there are no requirements for ongoing inspections of suspended themed features or other hanging objects once the building is complete and approved for occupancy.’” In other words, the helicopter didn’t have to be periodically inspected after the first, initial inspection.

The American Dream Mall And Its Tracked Record of Personal Injuries

Since its opening in October of 2019, American Dream has had a series of other incidents that have tarnished its reputation.

In February 2020, a woman suffered significant injuries while skiing at Big Snow, American Dream’s 16-story indoor ski and snowboard park. She felt uncomfortable going down either of Big Snow’s two main ski slopes but felt pressured to. While she was going down the intermediate-level slope, she fell several times and tore her right ACL. She required surgery and months of recovery and filed a lawsuit against the mall in New Jersey’s federal district court.

On September 25, 2021, Big Snow caught fire and suffered significant damage. It only reopened in May of 2022. Luckily, no one was injured because the fire began at night when no one was on the premises.

In April 2022, a man was shot on the mall’s second floor, during an attempted robbery. The mall went on lockdown and the victim was hospitalized at the Hackensack University Medical Center for serious injuries.

On December 8, 2022, 24-year-old Peter Matthew fell and lost his life while snowboarding down a hill in Big Snow. He was an Airman First Class in the Maryland Air National Guard.

Earlier in February, Sol-MM III LLC filed a lawsuit against American Dream in the New Jersey Superior Court. SOL-MM III LLC represents two firms, Western Asset Management and Nonghyup Bank of South America. The two firms contributed to financing the construction of the American Dream, which was a massive $1.7-billion construction project. The other lenders to the project agreed to give American Dream a four-year extension to repay the loan, but the plaintiffs allege that American Dream cut them out of the negotiation. They’re now seeking $389 million from American Dream.

The mall offers great entertainment and shopping experiences for children, but it’s important to know about the incidents that have occurred at the mall and how the mall has responded to them. In some instances, if you were injured at a venue, a personal injury lawyer may be able to assist you in proving that the venue was negligent in its failure to create a safe environment for patrons. This may happen if a venue doesn’t clean up a spill, fails to meet inspection regulations, has dangerous walking conditions, and more.

Contact Our New Jersey Personal Injury Attorneys if You Got Injured at The American Dream Mall

If you or someone you know has suffered an accident at a venue, the attorneys at Davis, Saperstein & Salomon, P.C. has decades of experience and may be able to help. The firm offers free and confidential case evaluations and is available 24/7.

Contact them today by calling 201-444-4444. More information can be found on their website at www.dsslaw.com.

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New Jersey Loss of Consortium Claims

People generally know that if they are injured, they have a right to sue the business or person who negligently harmed them for monetary damages to compensate them for their harm and losses. But most people don’t know that the lawful spouse, including a domestic partner, has a claim and right to sue for their losses as well. If someone else’s harmful act has deprived you of your loved one’s companionship and affection, you can demand they compensate you by bringing a loss of consortium claim against them. But here’s the catch…it must be brought within the injured person’s filed lawsuit. This claim, in legal terms, is known as a “derivative claim,” meaning it’s derived from the injured person’s claim. This derivative claim is known as a “per quod” spousal claim for loss of society and consortium. The claim covers many of the unexpected relationship adjustments caused by a serious injury, including losses in the bedroom.

If cases are settled before trial, meaning an out-of-court settlement, rarely is there a separate allocation or payment made for a spousal claim because it’s generally all rolled into one settlement number. That’s because if the injured person’s injury case is settled, the spousal claim will be dismissed as part of the settlement. However, proving a spouse’s claim can be embarrassing, emotionally challenging, and legally complicated without the help of an experienced New Jersey personal injury attorney.

We at Davis, Saperstein & Salomon, P.C., with our skilled injury attorneys experienced with winning loss of consortium claims, can pursue you or your spouse’s rights under the law. We rarely get into the “dirty details” but instead describe it for what it is – a loss of intimacy – and we communicate exactly that way. Call or contact us today for an explanation of your rights for your free consultation.

What Is Loss of Consortium?

Consortium is a legal term referring to the companionship, love, affection, society, comfort, and services provided by a spouse or close family member. Under New Jersey law, the deprivation of this consortium is a type of non-economic loss suffered by the spouse – and only the spouse – of an injury victim. A jury may award these individuals compensation in a personal injury or wrongful death case.

How to Prove Loss of Consortium in New Jersey

A loss of consortium claim can compensate the legally married spouse of a victim whose injury or death resulted from someone else’s negligence. To prove a loss of consortium claim in New Jersey, the plaintiff must show that they suffered a genuine loss of the intangible benefits of their relationship with their spouse. Lost relational benefits include:

● Companionship – The loss of the ability to spend time with the injured person and share experiences
● Love and affection – The loss of emotional support, physical affection, and marital intimacy
● Comfort and solace – The loss of emotional comfort and support during difficult times
● Household services – The loss of help with household chores and tasks that the injured person would have performed, including the new chores the spouse must now handle

To establish these losses, a plaintiff must present evidence such as:

● Testimony from the spouse and other family members about the nature and quality of their relationship with the plaintiff before and after the injury
● Medical records and expert testimony about the nature and extent of the injury and its impact on the victim’s ability to provide companionship, love, and services
● Documentation of the spouse’s own emotional and psychological distress resulting from the loss of consortium

What Compensation Can I Get for a Loss of Consortium Claim in New Jersey?

In New Jersey, compensation for a loss of consortium claim is for monetary damages – meaning it compensates for intangible losses such as emotional distress, pain and suffering, and loss of enjoyment of life. Here is what a New Jersey Judge instructs a Jury regarding the New Jersey loss of consortium law before they deliberate and return a jury verdict for loss of consortium.

New Jersey Jury Instruction: Damages — Per Quod Loss Of Spouse’s Services, Society And Consortium

A husband/wife is entitled to the services of his/her spouse in attending to the household duties, to companionship and comfort, and consortium, that is, marital relations. A plaintiff who is awarded a verdict is entitled to fair and reasonable compensation for any loss of impairment of his or her spouse’s services, society or consortium because of injuries sustained by him or her as a proximate result of the defendant’s negligence (or other wrongdoing). Damages may be awarded not only for total loss of services but for a worsening of their quality. [If appropriate the judge may charge,] Damages may include but are not limited to out-of-pocket expenses incurred in engaging the services of others to perform household duties previously attended to by his or her spouse.

The amount of compensation recoverable in a loss of consortium claim depends on the circumstances of the case, including the severity of the injury and the impact on the spouse’s relationship with the injured person. Economic losses can be brought that include a spouse’s obligation to return to the workforce, the cost of additional domestic help, and other expenses.

Some factors in determining the dollar amount of damages for loss of consortium include:

• The nature and extent of the victim’s injuries
• The length of time the injured person is expected to be impaired
• The injured person’s age
• The quality of the relationship between the spouse and the injured person before the injury
• The extent of the spouse’s emotional and psychological distress resulting from the loss of consortium

New Jersey law does not impose a specific cap on the amount of loss of consortium compensation. A jury will weigh the evidence to determine the money a plaintiff may receive for a loss of consortium claim.

How to Handle a Loss of Consortium Claim in New Jersey

If you or your spouse suffered a serious injury, it’s essential to consult with an experienced personal injury lawyer to evaluate your case and advise you on your options. Here are some steps you can take to handle a loss of consortium claim in New Jersey:

• Seek medical attention – The victim should get the appropriate medical care immediately. This will help establish the nature and extent of their injuries and the impact on their ability to provide companionship, love, and services.
• Gather evidence – Your attorney will need proof to demonstrate your claims, such as medical records, witness statements, and marriage records. Collect as much evidence as possible to help your attorney support your case.
• File your claim – Your attorney will file your claim with the appropriate court in New Jersey and serve the defendant with a copy of the petition.
• Attend mediation or settlement negotiations – Mediation or settlement negotiations resolve many cases, so be prepared to attend these proceedings with your attorney to work towards a fair resolution.
• Prepare for trial – If the defendant or their insurer does not offer you a fair settlement, your attorney must prepare for trial.
• Stay informed – Keep in touch with your attorney and stay informed about your case. Ask questions if you have any concerns or are unsure about any aspect of the case.

Talk to the Attorneys at Davis, Saperstein & Salomon, P.C. About Your Loss of Consortium Claim

When choosing an attorney to handle your loss of consortium claim, consider their experience, reputation, and track record of success with similar cases.

Davis, Saperstein & Salomon, P.C. was established in 1981 and has provided legal services to residents of New Jersey and New York for over 40 years. Our team of more than 30 personal injury attorneys has extensive experience handling personal injury cases, including those with loss of consortium claims. We have locations across New York and New Jersey and can meet with you over the phone or via video chat at your convenience. We also have Spanish-speaking attorneys and can provide translators in many other languages.

At Davis, Saperstein & Salomon, P.C., we are proud of having secured over $800 million in verdicts and settlements for clients to date. Find out how we can help with your loss of consortium claim when you call or contact us online for a free consultation.

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