New Jersey Car Accident Lawyer

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New Jersey Car Accident Lawyer 

A motor vehicle accident in New Jersey can change everything in seconds—pain, medical appointments, missed work, and insurance companies pushing quick settlements that don’t come close to covering the real cost of recovery. New Jersey’s insurance system adds another layer of confusion because medical bills often run through Personal Injury Protection (PIP) first, even when the other driver is clearly at fault. If you’re dealing with injuries, treatment delays, or an insurer that seems more focused on saving money than helping you heal, the right legal strategy matters immediately.​

The Law Offices of Greg Prosmushkin, P.C. fights for crash victims across New Jersey who need a serious advocate against insurance companies and at‑fault drivers. The firm offers free consultations and works on a contingency fee—so there’s no attorney fee unless compensation is recovered. 

New Jersey Car Accidents Are Not “Simple Insurance Claims”

A crash claim is never just paperwork when injuries are involved. New Jersey’s no‑fault framework means you often must use your own PIP coverage for medical expenses first, which can lead to disputes over treatment approvals, medical necessity, and whether care is related to the crash. When injuries are serious, the case often expands into a liability claim against the at‑fault driver (and sometimes additional defendants), which is where strategy and evidence become decisive.​

Insurance companies commonly try to:

  • Push a quick settlement before the injury fully reveals itself.
  • Downplay injuries as “soft tissue” even when diagnostic testing later shows more severe damage.
  • Argue that prior conditions caused your symptoms, not the crash.
  • Use delay tactics until financial pressure forces you to accept less.

The goal is to build a claim that is medically documented, legally positioned for maximum recovery, and ready for litigation if the insurer refuses to be fair.

How Can A New Jersey Car Accident Lawyer Help You?

For those who have been involved in a crash, navigating their claim can be an overwhelming experience. Dealing with the trauma and pain in the aftermath of an accident is challenging enough without dealing with the insurance companies and legal issues. A New Jersey car accident lawyer can manage every aspect of your claim, allowing you the time and space you need to heal.

Our attorneys’ legal services include:

  • Free Case Evaluation: Every claim starts with a free consultation with one of our experienced lawyers. They will listen to your story, explain your legal rights and options for pursuing compensation.
  • Claim Management: We can file your claim and manage all contact with the insurance companies. This includes providing supporting documents and responding to requests.
  • Evidence Gathering: Our legal team will gather evidence and information about the crash and your injuries. This is critical to building a solid claim and recovering adequate damages.
  • Negotiations: Experienced and skilled negotiators can help you maximize your compensation. Understanding the strengths and weaknesses of your claim, the extent of your losses, and negotiation techniques are essential to recovering a fair settlement.
  • Lawsuit Filing: If a settlement is not reached, our litigation team can file a lawsuit on your behalf. Timely filing is critical to ensuring your rights to recovery are secure.
  • Pre-Trial and Trial Representation: We can represent you throughout all pre-trial proceedings and during trial. Our attorneys can persuasively present your case to the judge and jury in order to secure a favorable verdict.

Additionally, our attorneys make themselves available throughout the pendency of your claim to answer your questions and provide legal guidance. If you have been hurt in a crash, don’t hesitate to contact us for assistance.

Common Causes of Motor Vehicle Accidents in New Jersey

New Jersey’s highways and dense city corridors create predictable crash patterns. Many cases come down to clear negligence such as:

  • Distracted driving (texting, navigation apps, in‑car screens).
  • Speeding and aggressive lane changes on routes like the NJ Turnpike, Garden State Parkway, Route 80, Route 78, Route 287, Route 1, Route 9, and Route 22.
  • Tailgating and chain‑reaction rear‑end collisions in stop‑and‑go traffic.
  • Unsafe left turns at busy intersections.
  • Failure to yield to pedestrians, cyclists, and motorcycles.
  • Drunk or drug‑impaired driving (including prescription impairment).

Even when fault seems obvious, the insurer may still dispute what happened—especially if there are multiple vehicles, conflicting witness statements, or limited police documentation. A strong case is built on proof, not assumptions.

Most Common Injuries After New Jersey Car Accidents

Many crash injuries worsen after the first 24–72 hours. That’s why prompt medical evaluation and consistent follow‑up matter. Frequent injuries include:

  • Whiplash and cervical strain with headaches, dizziness, or reduced range of motion.
  • Herniated discs, pinched nerves, and radiating pain into arms/legs.
  • Shoulder injuries (rotator cuff tears), knee injuries (meniscus/ACL tears).
  • Fractures (wrists, ribs, ankles, hips) and facial injuries.
  • Concussions and traumatic brain injury (TBI), including memory issues and sleep disruption.
  • Deep bruising, lacerations, and scarring.
  • Psychological harm, including driving anxiety and PTSD symptoms.

In New Jersey, fracture and permanent injury issues matter not only medically but also legally because they often intersect with the lawsuit threshold question.​

New Jersey Is a No‑Fault State: What PIP Means for Your Case

New Jersey requires Personal Injury Protection (PIP) in most auto policies, and PIP typically pays for medical treatment up to your policy limits regardless of who caused the crash. The practical reality is that many disputes are not about who caused the crash, but whether the insurer will authorize treatment, reimburse providers, or accept ongoing care.​

Important PIP basics families should know:

  • PIP is usually the first payer for medical bills after a car accident.​
  • Low PIP limits can leave crash victims underinsured when surgery, injections, or long‑term therapy is needed.​
  • Insurance disputes are common, especially in cases involving imaging, procedures, or extended care.​

A well‑built injury claim accounts for both immediate expenses and what recovery actually requires over time.

The “Lawsuit Threshold” (Verbal Threshold) and Pain & Suffering in NJ

Many New Jersey drivers choose a policy with a “limitation on lawsuit,” often called the lawsuit threshold or verbal threshold, which can limit the ability to sue for pain and suffering unless the injury meets specific statutory categories. Those categories commonly include injuries such as death, dismemberment, significant disfigurement/scarring, displaced fractures, loss of a fetus, and permanent injury.​

Key takeaways:

  • The threshold does not mean you “can’t sue.” It means the injury must qualify under the statutory categories.​
  • Courts have recognized that certain injuries may qualify if they are permanent and supported by objective medical evidence.​
  • The earlier your case is evaluated, the easier it is to preserve evidence and align medical documentation to the legal requirements.​

Because the threshold analysis is fact‑specific, it’s critical to have a lawyer review the policy and medical evidence early rather than letting the insurer define the case for you.

Comparative Negligence in New Jersey (The 51% Rule)

Insurance companies often try to shift blame—claiming you were speeding, following too closely, or “could have avoided it.” New Jersey follows modified comparative negligence, often described as the “51% rule.” Under this rule, an injured person can recover damages only if they are 50% or less at fault; if they are more than 50% at fault, they cannot recover.​

Even when liability is shared, a strong presentation of evidence can reduce assigned fault and protect the value of your case. This is especially important in:

  • Left‑turn crashes.
  • Merging collisions.
  • Multi‑vehicle chain reactions.
  • Intersection crashes without clear video.

What to Do After a Car Accident in New Jersey

If you’re physically able, these steps can dramatically strengthen your claim:

  1. Call 911 and request medical help if anyone is hurt.
  2. Photograph the scene: vehicle positions, damage, skid marks, traffic lights, debris, and visible injuries.
  3. Exchange information and identify witnesses.
  4. Get medical evaluation immediately—especially for head, neck, back, or abdominal symptoms.
  5. Avoid giving recorded statements to insurers until you’ve gotten legal advice.
  6. Keep all medical paperwork, prescriptions, and discharge notes.
  7. Contact a New Jersey car accident lawyer for a free case evaluation before signing anything.

Early action protects evidence, and it also prevents the insurer from setting a narrative that later becomes difficult to undo.

How a New Jersey Car Accident Lawyer Builds a Winning Case

A serious auto case is built from layered evidence, including:

  • Police reports and 911 records.
  • Photographs and surveillance footage (business cameras, traffic cameras where available).
  • Vehicle damage analysis and, when needed, accident reconstruction.
  • Cell phone and app data in distracted driving cases.
  • Medical records and physician opinions linking the crash to injuries and future care needs.
  • Wage documentation and employment verification for lost income claims.

The goal is to create a claim package that is strong enough to win in court—because that is what pushes insurers to pay fairly.

Types of New Jersey Car Accident Cases Handled

This page covers motor vehicle crashes broadly, including:

  • Rear‑end collisions
  • T‑bone and intersection crashes
  • Head‑on collisions
  • Multi‑vehicle pileups
  • Hit‑and‑run crashes
  • Drunk driving crashes (which may also involve additional claims beyond the driver in some situations)
  • Rideshare accidents (Uber/Lyft)
  • Delivery driver crashes
  • Pedestrian accidents and crosswalk impacts

If the crash involved a commercial vehicle, a separate truck accident strategy may apply because corporate defendants and federal safety rules can become major factors.

Who Can Be Held Liable?

Depending on the facts, liable parties may include:

  • The at‑fault driver.
  • An employer (if the driver was working).
  • A vehicle owner (negligent entrustment issues).
  • A bar/restaurant under dram shop principles in alcohol‑related crashes (in appropriate cases).​
  • A governmental entity (for certain roadway defect scenarios, subject to notice and immunity rules).

Identifying every responsible party can dramatically increase available insurance coverage.

Compensation in a New Jersey Car Accident Case

A properly developed case pursues the full range of damages, which may include:

  • Medical expenses (beyond PIP where applicable).
  • Lost wages and reduced earning capacity.
  • Out‑of‑pocket expenses (transportation, prescriptions, medical equipment).
  • Pain and suffering (when permitted under the policy/threshold rules).​
  • Permanent injury damages where supported by objective evidence.​
  • Wrongful death and survival damages when a crash is fatal.

The value of a case depends on injury severity, permanency, policy type, available coverage, and the strength of liability evidence.

Why Choose The Law Offices of Greg Prosmushkin, P.C.

Insurance companies take cases more seriously when they face a trial‑ready law firm that prepares every file as if it will go before a jury. That means thorough investigation, tight medical documentation, and clear proof of future damages—not just a demand letter and hope.

Clients also deserve:

  • Clear communication.
  • Straight answers about strengths and risks.
  • A strategy that matches the realities of New Jersey’s PIP system and lawsuit threshold rules.​

Free Consultations: New Jersey Car Accident Lawyer

If you were injured in a New Jersey motor vehicle accident, don’t let an insurance company decide what your pain, time, and future are worth. New Jersey’s no‑fault structure and lawsuit threshold rules make early decisions especially important.​

Call The Law Offices of Greg Prosmushkin, P.C. today for a free, confidential consultation. The firm works on contingency—no attorney fee unless compensation is recovered.

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