What are My Options After a Seat Belt Injury in New Jersey

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When you fasten your seat belt, it's with the trust that this simple action will protect you in the event of a car accident. However, what happens when the very device meant to safeguard your life causes injury? In New Jersey, seat belt injuries, while relatively rare, can occur even with proper usage and can have significant implications on your health and legal rights.  Understanding your options following such an injury is crucial in securing not just medical recovery, but also rightful compensation. The Epstein Law Firm, with its profound expertise in car accident and personal injury law, stands ready to guide you through the complexities of your legal journey. In this article, we will explore the nature of seat belt injuries, your rights as an injured party in New Jersey, and how The Epstein Law Firm can help you navigate these challenging waters towards a favorable outcome.

Understanding Seat Belt Injuries

Seat belt injuries occur during vehicle collisions when the force exerted by the belt itself causes physical harm. These injuries can range from minor bruises and abrasions to more severe internal injuries, including damage to the chest, abdomen, or spine. While seat belts are critical for preventing worse outcomes like ejection from the vehicle or collisions within the car, they can also be sources of injury, especially in high-impact crashes.

Types of Seat Belt Injuries

The most common types of seat belt injuries include:

• Soft Tissue Injuries: These are the most common and include bruises and strains to muscles or tendons.
• Lacerations and Abrasions: The force of the seat belt can cause cuts or skin abrasions.
• Fractures: Rib and clavicle fractures may occur due to the pressure from the seat belt during an accident.
• Internal Injuries: In more severe crashes, the seat belt can cause internal injuries, including to organs like the intestines or liver, or even internal bleeding.

Factors Contributing to Seat Belt Injuries

Several factors can influence the severity and type of seat belt injury:

• Improper Usage: Not wearing the seat belt correctly, such as placing the lap belt too high on the stomach or the shoulder belt under the arm, increases the risk of injury.
• Age and Physical Condition: Children and elderly individuals are more susceptible to injuries from seat belts because of their more delicate physical state.
• Type of Collision: The angle and speed of the collision also significantly impact the nature and extent of injuries.

Understanding these injuries is the first step in acknowledging why they might warrant legal action. Despite their life-saving role, when injuries occur due to seat belts, victims may face significant medical, financial, and emotional challenges.

Legal Rights and Claims in New Jersey

In New Jersey, individuals who have suffered injuries due to seat belts in a car accident have specific legal rights and potential claims they can pursue. Understanding these rights is crucial for anyone looking to seek compensation for injuries sustained.

Personal Injury Protection (PIP)

New Jersey operates under a no-fault insurance system. This means that after a car accident, your own car insurance company will pay some or all of your medical bills and lost earnings, regardless of who was at fault. Personal Injury Protection (PIP) is a component of this system, covering medical expenses and a portion of lost wages. However, PIP does not compensate for pain and suffering.

Filing a Personal Injury Lawsuit

If your injuries are severe, surpassing the no-fault system’s threshold, you may have the right to file a personal injury lawsuit against the at-fault driver. In New Jersey, you can pursue additional damages, including pain and suffering, which are not covered under PIP.

Proving Liability

To succeed in a personal injury lawsuit, you must prove that the other driver was at fault due to negligence. This involves showing that the other driver had a duty to drive safely, breached that duty, and caused your injuries as a result of that breach. In cases involving seat belt injuries, proving additional nuances, such as whether a defect in the seat belt contributed to the injuries, might also be necessary.

Product Liability

If your seat belt injury was caused by a defect in the seat belt itself, you might have a product liability claim against the manufacturer. In such cases, you can claim that the product (seat belt) was not reasonably safe when used as intended or that the manufacturer failed to provide adequate warnings about the product's risks.

Statute of Limitations

In New Jersey, you have two years from the date of the accident to file a lawsuit against the responsible parties. Failing to file within this period can permanently bar you from seeking compensation.

Next Steps After a Seat Belt Injury

After experiencing a seat belt injury in New Jersey, taking the right steps can significantly impact the outcome of your legal claims. Here’s what you need to do to set yourself up for the best possible resolution:

Seek Medical Attention

Your health is the top priority. Immediately after an accident, seek medical attention, even if you feel fine. Some injuries, particularly internal ones, may not be immediately apparent. Medical records will also serve as crucial evidence in your legal case.

Document Everything

Document all aspects of the accident and your injuries. Take photographs of the accident scene, your injuries, and any damages. Keep all medical records, receipts, and any correspondence related to the accident.

Do Not Settle Quickly

Insurance companies may attempt to settle your claim quickly and for less than it is worth. Consult with a legal professional before accepting any offers or signing any documents from insurance companies.

Consultation and Case Review

The Epstein Law Firm offers a free consultation to discuss your case and review any legal options available to you. During this consultation, we can provide guidance on the viability of your claims and discuss the potential for compensation. Taking these steps will not only protect your health and legal rights but also position you for the most favorable legal outcome. With The Epstein Law Firm, you have a partner ready to fight for your rights, ensuring that you are not alone in this challenging time.

Contact The Epstein Law Firm Today

Experiencing a seat belt injury can be both physically and emotionally taxing. However, understanding your legal rights and knowing the right steps to take can make a significant difference in the aftermath of such an incident. In New Jersey, you are not alone in this journey. The Epstein Law Firm is equipped with the expertise and dedication needed to handle your case and ensure you receive the compensation and justice you deserve. Our team is committed to providing top-notch legal representation and personalized attention to each of our clients. We understand the complexities of personal injury cases in New Jersey and are prepared to navigate these challenges to secure the best possible outcome for you. Remember, taking immediate action and seeking professional legal advice can be pivotal in the success of your claim. If you or a loved one has suffered a seat belt injury, do not hesitate to reach out to The Epstein Law Firm. Contact us today for a free consultation, and let us help you take the first step towards recovery and compensation. Trust us to be your advocates in securing your rights and restoring your peace of mind.  Contact us today at 201-231-7847 or schedule a consultation online to learn more.