It is important to understand that most rear-ended car accident cases are almost always settled out of court instead of going to a trial. Why? Well, a settlement guarantees compensation while saving on attorney fees, which can be a major relief for auto accident victims. In New Jersey, settlement conferences are not required, although judges are allowed to order a conference on a case-by-case basis before trial, as well as give both parties a chance to settle on the day of trial, assuming it goes to trial. More often then not, you can expect your attorney to discuss settlement options with you and the other party or parties involved.
To determine a fair settlement amount in your case, the parties and attorneys will take the following into consideration:
The amount and evidence of fault and damages
Just keep in mind that New Jersey’s statute of limitations for filing a claim is two years from the date of the accident for personal injury claims and six years for property damage. Insurance companies will not give you an extension, so it is imperative that you don’t delay in filing your claim. Make sure you also speak with an attorney early to ensure you still have time to file a rear-ended lawsuit if necessary.
As for an average settlement for whiplash, for instance, that amount can vary significantly. Most cases of mild to moderate whiplash are valued between $2,500 and $10,000 while more serious cases involving treatment such as physical therapy over many months may cost the defendant up to $30,000.
It typically can take anywhere between five to eight months to settle. The process can be long, depending on the facts and circumstances of the accident.
Because of how complex New Jersey accident laws are, we would always recommend that you hire an experienced rear end collision lawyer, even if it’s not a major accident.
Yes, you can. Although the driver who rear ends another vehicle is usually 100% liable for causing the accident, it is still in your best interest to prove that the driver who rear-ended you was entirely at fault, which can be established with the use of testimonies and expert witnesses. In New Jersey, when liability is clear, NJ courts will usually grant a summary judgment or issue a directed verdict on liability.
Yes, they can but there has to be proof that you were not at a safe distance.
The fault lies on the first vehicle to cause the collision, but other vehicles may also be at fault, usually depending on their distance from the other vehicles before the collision occurred.
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