Attorney Charles E. Tempio understands how confusing and overwhelming it can be when you suffer a serious personal injury. He provides personalized, detailed representation to New Jersey accident victims and shares below some of the questions he hears most often:
- What is a personal injury?
- I was just in a car accident what do I do next?
- I was hurt in a car accident, what should I do?
- How do I know who is liable for the accident?
- Does my insurance policy limit my ability to recover damages?
- What are damages?
- What do I have to prove to be successful in recovering damages?
- How long will it take for my case to settle?
- How much is my claim worth?
- How do I get my car repaired?
Q: What is a personal injury?
A: Personal injury is a physical or mental injury sustained by a person due to the negligence or intentional act of another.
Q: I was just in a car accident what do I do next?
A: Call the police, so that a police report can be generated identifying the parties involved, the vehicles involved, and the insurance of both parties.
Q: I was hurt in a car accident, what should I do?
A:Part of your auto insurance policy provides for health care benefits in the event of an accident. If you are injured, you should seek treatment for the injury.
Q: How do I know who is liable for the accident?
A: Liability is a determination made based upon the facts and circumstances of the accident. Each incident of liability must be discerned on a case by case basis.
Q: Does my insurance policy limit my ability to recover damages?
A: Most auto policies in New Jersey have a tort threshold limitation which only allows for recovery if there is a finding of a permanent injury.
Q: What are damages?
A: Damages are actual expenses or losses you incur as a result of the accident including but not limited to property damage, medical expenses, wages, and compensation for your injury.
Q: What do I have to prove to be successful in recovering damages?
A: Plaintiff has the burden to prove that liability rests with the Defendant and that the damages were caused by the Defendant, and in most cases that those damages are permanent.
Q: How long will it take for my case to settle?
A: How long it takes to settle varies on a case by case basis, in some circumstances settlement can happen within a few months of completion of the treatment, in other circumstances cases can last for several years after a complaint is filed.
Q: How much is my claim worth?
A: The value of a claim varies based on the type of injury and the type of damages sustained by the Plaintiff and is evaluated on a case by case basis.
Q: How do I get my car repaired?
A: New Jersey is a no-fault state- you can either make a claim to your own car insurance policy to have your vehicle repaired or you can make a claim through the at-fault driver’s company to avoid paying a deductible.