Haddon Heights Personal Injury Lawyer
Tort Limitation Attorney
The state of New Jersey is a modified comparative negligence state. This means if the court decides you are 51 percent or more at fault in an accident, you are not eligible to recover damages. Alternatively, if you are less than 51 percent at fault, the amount you are eligible to recover will be reduced by the percentage of your fault. For example, if you sustain $100,000 in losses in a car accident but are found 40 percent at fault, you can only recover $60,000 in damages. Insurance companies try and reduce the amount they have to pay in claims by trying to shift all, or a portion, of the blame in an accident onto you, the injury victim. At Kearney & Martone, our personal injury attorneys work with accident investigators to reconstruct accidents in order to fight the often self-serving findings of investigators working for the insurance companies.
If you’ve been injured in an accident, don’t agree to sign anything or provide a statement to an insurance claims adjuster. Protect your rights and interests — contact the personal injury lawyers at Kearney & Martone today.
Kinds of Personal Injury
The law office of Kearney & Martone represents people injured due to the following:
- Bicycle accidents
- Birth injuries
- Car accidents
- Construction accidents
- Defective products
- Dog bites
- Medical malpractice
- Motorcycle accidents
- Pedestrian knockdowns
- Slips and falls
- Tort Limitation and Threshold Coverage
- Truck accidents
In New Jersey, people can save money on their insurance by electing a threshold of coverage that limits how much they can recover in cases involving accidents and injuries. Most threshold policies require you to agree to give up your right to sue in situations involving death, dismemberment, significant disfigurement, displaced fracture, loss of an unborn child, and permanent injury.
Under lawsuit threshold policies, disputes can still arise as to whether or not a particular injury falls under one of the six categories listed above. A test, called the “Oswin Test,” can be applied when determining whether or not your injury falls under a threshold limitation. Our attorneys can review your case and discuss the options available to you for challenging your insurer’s claim that lawsuit limitations apply.
Contact a South Jersey Personal Injury Lawyer at Kearney & Martone Today
If you’ve been injured it’s important to contact an attorney before you speak to an insurance claims adjuster. Insurance companies do not want to pay any more than they absolutely have to. They employ a number of strategies to reduce claim payouts. When a claims agent calls to talk to an injury victim, they may sound sympathetic but more often than not are hoping you say something they can later use against you to reduce the amount they have to pay you.
To protect your rights and interests, contact a South Jersey personal injury lawyer at Kearney & Martone today to schedule a free consultation to discuss your case. Contact us online or call us at 856-547-7733.