QUESTION
Need to know if I have a lawsuit case
Asked on Apr 15th, 2013 on Automobile Accidents - New Jersey
More details to this question:
My wife was in a major car accident.she was on the my wife has been having major memory loss this all happen in November it is now April because of her memory loss work on sleep arguing we almost got divorced in we been together for over 15 years married for eight because everything that was going on with her memory and the doctors we both seek out different divorce attorneys but when it came down to it we decided not to because we both realized it was because of her memory an accident this accident has totally ruined our sex life our marriage my son is totally stressed out my wife has also been battling lymphoma for the last three years so this was just the icing on the cakeway to a doctors appointment and her mother was driving our car my wife was a passenger and they were at a stop sign hey commercial truck ran into the back of her car totally our truck my wife hit her head so hard on the dashboard data doctors are saying she's possibly has brain injury messed up her back really ba
1 ANSWER
Eric B. Bailey
The facts you describe certainly seem to indicate that you and your wife possibly have a strong case. I would need more information to tell you more than that there is a possibility. In particular, I would need to see a copy of the police report, and I would like to know who the owner of the other vehicle was, what your wife's diagnosis/prognosis is, what treatment she has received, etc.
It merits noting that in New Jersey, commercial vehicles generally are excepted from the "limitation on lawsuit" option that most people elect on their auto insurance. As a result, you do not have to have a devastating injury to collect a non-economic (i.e., pain and suffering) award if the wrongdoing vehicle is a commercial vehicle.
Also, you should know that in New Jersey, most personal injury lawsuits must be instituted within two years of the incident (although in certain cases, notice to the opposing party must be given within ninety days of the incident). Failure to bring your suit within that timeframe can result in a total bar to recovery. Therefore, I strongly suggest contacting an attorney as soon as possible and not waiting until the moment before the deadline is up to contact an attorney.
Answered on Apr 22nd, 2013 at 4:31 PM