What forms do I have to submit to file a bodily injury suit with pain and suffering from an auto accident.

Asked 7 months ago - Oakhurst, NJ

I am trying to stop the clock on the two year statute of limitations deadline in NJ. It is up in one month. The problem is that I was dealing with my husband's brain cancer and children's post traumatic stress when the car accident happened. I had a previous injury that it aggravated but because of all of this never went to ER or filed the PIP forms. Instead went through my own insurance. Because of the limited time left and the complications of the case, the two lawyers that I spoke with did not want to pursue even though I have the no threshold on my policy. I am hoping if I can stop the clock I might be able to find a lawyer to take it over. already sent a demand letter to the other party's insurance company. other driver was already found at fault and my got my deductible back.

Attorney answers (9)

  1. Michael L Pescatore

    Contributor Level 14

    13

    Lawyers agree

    Answered . Hire an experirnced attorney. You need to file a Summons, Complaint and Case Information Statement in the Superior Court Law Division, Civil Part.

    Do NOT rely on this answer as the information provided here is not legal advice nor is it a substitute for legal... more
  2. Jeffrey Mark Adams

    Contributor Level 20

    7

    Lawyers agree

    Answered . Sorry for your situation, but it is most doubtful that the insurance will agree to this. There is certainly a reason why other attorneys will not accept this case.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  3. Yolanda Navarrete

    Contributor Level 20

    6

    Lawyers agree

    Answered . You need to file a complaint along with other documents. There is no way to go around this statute of limitations. What are the complications regarding your case? Your facts do not point to anything unusual. I also recommend that you go for as many consultations as possible.

    Please be advised my answers to questions does not constitute legal advice and you should not rely on it, due to... more
  4. Alexander Silkman

    Contributor Level 11

    7

    Lawyers agree

    Answered . You would need to file a Complaint for a legal claim (likely negligence but a more in depth review of your case is necessary). I know you have had difficulty finding an attorney to take on your case, but this can be a difficult process and you really should continue to search for an attorney to assist you before it is too late. Use the Find a Lawyer tool here on Avvo to search for other personal injury attorneys in your area.

  5. John Robert Gorman

    Contributor Level 11

    5

    Lawyers agree

    Answered . I recommend an appointment with a board certified personal injury lawyer ASAP. The New Jersey Association for Justice NJAJ) has many such qualified lawyers. Check its website for one in your area.
    Good luck.

  6. Michael T Warshaw

    Contributor Level 18

    3

    Lawyers agree

    Answered . Speak to experienced personal injury lawyer ASAP. Look for member of NJAJ, they are dedicated to representing injured persons.

    The content of the this submission is intended to provide general information on the topic presented, and is... more
  7. Mark T McMenamy

    Pro

    Contributor Level 8

    3

    Lawyers agree

    Answered . You need to file a Complaint and Jury Demand against the other driver in the Superior Court of New Jersey within two years from the date of the accident. If you do not do this, your legal rights will expire.

  8. Christian K. Lassen II

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Just get a personal injury lawyer tonight...........problem solved.

  9. Charles P. Ward

    Pro

    Contributor Level 16

    1

    Lawyer agrees

    Answered . Do not wait. Just hire an attorney in your area to file the lawsuit. Check Avvo for a listing of attorneys in your area. Do not play lawyer as the insurance company will not pay what your claim is worth. They know that and hope you do so. Good luck.

    *This information should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

Related Topics

Pain and suffering for personal injury

Pain and suffering refers to physical and mental trauma caused by an injury, and is often a significant component of non-economic damages.

Personal injury

If you suffer a personal injury as the result of the actions or negligence of another, you may seek financial compensation for physical or emotional damages.

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