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20 yr old under insured case still pending

Discussion in 'Auto Accidents, Injuries' started by cbeck, Jul 27, 2017.

  1. cbeck

    cbeck Law Topic Starter New Member

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    Jurisdiction:
    New Jersey
    1989 Surgery L/4 - L5 discectomy with spacers placed at that level. 6 month after the surgery I get rear ended while stopped to merge onto a highway.
    Soon after settling the case lawyer filed an under insured claim.
    Meanwhile ongoing medical, epidurals, S.I. Shots, radiofrequency, medicines.

    2007 55 yrs old and no longer able to work, filed for S.S. disability.

    2010 another car accident, someone made a left in front of me. Totaled my car and more medical issues. Soon after settling this case lawyer filed another underinsured claim.
    2011 had my S.I. joint fused. This damage/diagnoses came from the first accident in 89.
    Ongoing medical, same as above, epidurals, radiofrequency, lumbar shots, also surgery on my shoulder and elbow.
    I have had the same insurance company thru all of this. I never changed companies, this one company is liable in both cases.
    Case doesn't seem to be moving, calls after calls to the lawyer, not happy with the time line here. What are my options, with this case being soooo old?
     
  2. army judge

    army judge Super Moderator

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    In New Jersey, the statute of limitations for personal injury cases gives an injured person two years from the date of the injury to go to court and file a lawsuit against those responsible for the injury.

    Please note, your insurer in matters such as those you posited stands in the shoes of the uninsured/underinsured motorist.

    You must prove the other party was at fault in order to recover, not just the fact the party had no insurance (or limited insurance) on the date in question.

    You say your cases began about 20 and nearly 7 years ago.

    I suggest you discuss the delay with your attorney.

    The state of NJ does explain the principle of uninsured motorists claims rather well:

    Filing an Uninsured/Underinsured Motorist Claim

    Under New Jersey’s Comparative Negligence law, you can ONLY collect damages if your degree of liability does not exceed that of other driver(s) in the accident.

    You might wish to consult two or three other attorneys about your case.

    Your delays might have become something other than that which you believe them to be.

    Anything told to you by strangers, COMPLETELY unfamiliar with your case, would be anything but mere speculation.
     
  3. cbeck

    cbeck Law Topic Starter New Member

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    I am in between a rock and hard place, do you know what the statue is for filing a case once it's been dismissed without prejudice in New Jersey? Thanks
     
  4. cbeck

    cbeck Law Topic Starter New Member

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    Can you tell me what the time limit to re-file a case that was dismissed without prejudice in New Jersey? Our case was dismissed October 2013, is there still time or has it now expired? Thanks for your help in advance.
     
  5. army judge

    army judge Super Moderator

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    New Jersey is one of a dozen or so states that follows a no-fault car insurance system when it comes to injury claims stemming from car accident. That means, if you are injured in a car accident, you are required to turn first (and maybe exclusively) to your own car insurance coverage in order to get compensation for medical expenses and other losses caused by the accident. It doesn't matter who was at fault for the crash (that's why they call it "no-fault").
    One wrinkle in New Jersey is that, when purchasing a car insurance policy, drivers have the option of choosing between no-fault and traditional car insurance coverage. Traditional coverage leaves all options on the table after a car accident. You can file a claim with the at-fault driver's insurance carrier, or pursue a personal injury lawsuit.


    Even for those who choose no-fault, there is an exception that allows an injured person to step outside the no-fault system and file a lawsuit against the at-fault driver. The exception is known as the "serious injury" threshold -- when a car accident injury claim in New Jersey involves dismemberment, significant disfigurement or significant scarring (or some other permanent injury), displaced fractures, or loss of a fetus.


    The "statute of limitations" sets how long an injured person can wait in New Jersey before filing a lawsuit. People injured in car accidents in New Jersey have two years from the date of the accident to file their claim. (Title 2A, Ch. 14, Sec. 2A:14-2, 14-3.) For instance, if a New Jersey driver is injured in a crash on December 1, 2011, he or she must file a lawsuit on or before December 1, 2013. A driver who waits too long to file a lawsuit he may be prevented from going to court and seeking compensation for damages stemming from the accident.


    I think this is what you're seeking:

    Under New Jersey law, the time limits within which one must file a lawsuit can be found in various statutes, including, but not limited to, the New Jersey Statutes Annotated (N.J.S.A.) at N.J.S.A. 2A:14 and N.J.S.A. 2A:31 (wrongful death actions).

    ............................................................................................

    New Jersey Personal Injury Lawsuits:
    Adults - within 2 years from the date the injury occurred;
    Minors - within 2 years of the person’s 18th birthday.

    ..........................................................................................

    New Jersey Medical Malpractice Lawsuits:
    Adults - within 2 years of the time a person could or should have known that malpractice was committed;
    Minors - within 2 years of the person's 18th birthday (except for injuries which occurred at birth, see below);
    Minors (for injury at birth, only if born before July 2004) - within 2 years of the person’s 18th birthday;
    Minors (for injury at birth, only if born after July 2004) - by the person’s 13th birthday.


    ...........................................................................................

    I suggest you meet with a personal injury lawyer to discuss your options.

    Don't worry about paying for that visit, most attorneys offer the initial consultation free of charge and further obligation.

    Its a good way to spend 20 to 30 minutes to discover EXACTLY what options exist for you.

    Bets of luck, let us know what you discover.



    ............................................................................................
     
  6. cbeck

    cbeck Law Topic Starter New Member

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  7. cbeck

    cbeck Law Topic Starter New Member

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    Dear Army Judge, I'm so sorry, my mistake for not giving you the complete scenario, this case was settled for the full amount of the policy which was $100,000, but because of extensive medical issues the lawyer filed an underinsured complaint against our own insurance company. That's the case that was dismissed without prejudice in October 2013. How long do we have to reopen this, do you know? Other then the two yrs everyone originally has, is it different for this case, since it's been settled and it's a UIM case? I have contacted several attorneys, hoping for an appointment this coming week, but can you please answer this one question? If the case can be reopened?
     
  8. army judge

    army judge Super Moderator

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    Without reviewing the entire case files, the ruling, etc.., I can't say definitively.

    If one were to be guided solely by the statutes, the answer would probably be no.

    However, a precise answer would have to be given by the attorneys who review your case, or simply asking your previous trial attorney.

    All I can say, is I don't know enough to say with precision.

    When you know, please drop by and let me know.
     
  9. cbeck

    cbeck Law Topic Starter New Member

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  10. cbeck

    cbeck Law Topic Starter New Member

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    Hi Army Judge, I went to a lawyer who took the cases. Turns out the two cases can total as much as $400,000. He is not sure he can save the one case from 1999 which means if it's too old to salvage then our case will be against the attorney.
    Same with the other. He is hopeful we will be able to collect on both one way or the other. Just wanted to give you a quick update as promised and thank you for your help.
     
  11. army judge

    army judge Super Moderator

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    Wonderful, keep us posted, and bully for you for not giving up.

    That is what the demons want honest, deserving people to do, just quit.
     

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