When you need to hire a New Jersey car accident lawyer, things to research include client testimonials, references, qualifications, and experience. In New Jersey, you have only two years from the date of the accident to file a personal injury lawsuit. You may have already filed a PIP claim and tried to resolve the case yourself. Frequently asked questions about a lawyer who specializes in car accidents Home and hospital visits are available free of charge if there is no recovery.
If you were injured in a car accident, New Jersey law gives you two years from the date of the accident to file a personal injury lawsuit. However, there are cases where this period may be shorter or longer. For example, you only have 90 days to file a notice of claim if the fault lies with a public entity, such as a city, county, state, police, fire department, sanitation board, or educational worker. For the deadline for filing an insurance claim, contact your insurance company as soon as possible. The rules of your specific policy will determine how quickly you should act.
An experienced car accident lawyer can review your case and give you an idea of how long it may take for your claim to be resolved. Once the police report has been completed and approved, you can request a copy in person, online, or by mail. Contacting an attorney is the smartest decision when you are involved in a car accident, whether the accident was a blow or caused a significant injury. Insurance companies will analyze everything you say and do to find a reason to deny coverage.
In addition, you may not be aware of the full value of your claim. An experienced personal injury attorney has the necessary experience to ensure that all of your losses are taken into account. All drivers must have proof of car insurance to operate a vehicle. Your minimum coverage will depend on whether you have a basic or standard policy. Yes, find a safe place away from the road and look for eyewitnesses who saw the collision.
If possible, write down your names, addresses, contact numbers, and also the license plate numbers of your cars. Don't rely on the police to locate eyewitnesses to your accident. The police are primarily interested in securing the scene of the accident, helping injured motorists, and restoring normal traffic flow. The police report may contain inaccuracies.
If you have a camera phone, don't be ashamed to take photos of the damage to your car and other vehicles. Take a photo of the license plates of potential eyewitnesses in case you copied this information incorrectly. Photos of property damage and injuries can provide useful evidence to strengthen your accident claim after an accident. Also take pictures from surveillance cameras in the area that may have captured images of your collision.
For more than 30 years, the experienced car accident attorneys at Davis, Saperstein & Salomon, P, C. Our experienced New Jersey and New York car accident attorneys understand how crashes happen and how to help people recover. Our New Jersey-based law firm is highly regarded throughout New Jersey for the quality of legal advice and representation provided by our personal injury attorneys. Whether in Newark, Hoboken, Jersey City, or another community, the police write an initial report based on a brief investigation of an accident.
The report may contain inaccuracies or false assumptions. If a police report contains errors or you disagree with the officer's findings, you must immediately file an amendment to the police report with the investigating police department. An experienced car accident lawyer can advise you on drafting an amendment. Once the accident report is finalized, the New Jersey police may be reluctant to change it. You may need to talk to the police captain to file a statement that will be added to the report.
Filing a small claims lawsuit is one of the biggest mistakes you can make after a car accident in New Jersey. Why? In New Jersey, there is a legal rule called the “Total Controversy Doctrine” that allows you to file only one lawsuit per event. By filing a lawsuit in small claims court, you may unknowingly relinquish your right to file a lawsuit for personal injury or financial losses that would provide you with a much greater recovery. We recommend that you consult an experienced New Jersey car accident attorney to protect your legal rights. For more than 30 years, the skilled attorneys at Davis, Saperstein & Salomon, P, C.Our experienced car accident attorneys understand how crashes happen and how to help people recover.
The function of a municipal traffic court is to determine if state laws were violated and if the at-fault driver is guilty of the charges brought against him. The judge must decide if the driver is guilty “beyond a reasonable doubt”. That's a different legal standard than the one that applies to civil lawsuits, such as personal injury lawsuits. Therefore, in New Jersey, the outcome of a municipal court case is generally not applicable or admissible as proof of fault in a personal injury lawsuit.
If you are called as a witness in a municipal court proceeding, it's important to immediately consult with an experienced New Jersey car accident attorney. Any inconsistency between your testimony in a municipal court and the personal injury claim statements can be used against you later to try to deny your claim. Protect your legal interests and speak to an experienced attorney if you are called to testify. New Jersey is a no-fault insurance state.
That means your auto insurance company pays for your medical bills and a portion of your lost wage, no matter who was at fault in the accident. Your permanent losses, such as pain and suffering, and financial losses would be a claim filed against the at-fault driver and the insurance company of the at-fault driver. After a car accident involving injuries, you must apply to your insurance company for a medical and financial benefit called “personal injury protection” (PIP). If you don't own a car and live with a family member who does, your relative's car insurance company will be responsible for your medical bills.
Your family member's insurance rates shouldn't go up as a result of your claim (PIP), but we recognize that sometimes it can be difficult to explain this to your family member. Even so, it is necessary to report the accident to that insurance company and apply for PIP benefits. PIP benefits are affected by several factors, including if the accident involved a bus, truck, taxi, motorcycle, or a limousine. Our experienced New Jersey car accident attorneys understand how crashes happen and how to help people recover.
In fact, New Jersey law specifically allows compensation for a pre-existing injury or medical condition that may have been aggravated by the accident. In fact, this is exactly the explanation of the law that the judge reads to the jury before they begin their deliberations. However, you can rest assured that insurance company researchers will analyze your driving record and analyze any insurance claim you have filed. The insurance industry keeps a record of all your previous claims.
They will try to use this information to discount your claim, if possible. Tell your attorneys about any past accidents and any previous claims. Your lawyer must know this information to effectively negotiate on your behalf. Also tell your lawyer about any past or planned bankruptcies, unpaid child support, divorces, and previous criminal convictions. Your conversations with your lawyer are confidential.
A prior insurance settlement or a car accident that was your fault does not in any way prevent you from filing a successful personal injury claim for a car accident caused by another driver. But your lawyer should have this information handy and be prepared to answer it if an insurance company mentions it as part of negotiations to resolve a car accident. Yes, the time limit for filing most personal injury claims in New Jersey is two (years). However, if the injured person was under 18 when the injury occurred, they may have up to 20 years old to file a claim. This is known as the statute of limitations.
That's why it's important to immediately consult an experienced New Jersey personal injury attorney who has handled many car accident claims. An auto accident lawyer can start working on your behalf right away, helping you avoid common mistakes and gather evidence that might not be available if you delay too long. Warning: If your accident involved the state of New Jersey, a county or municipality, the Board of Education, or any other state agency, authority or state employee, you must comply with the New Jersey Tort Claims Act, which requires that a special notification be submitted within 90 days of the accident. There are some very limited exceptions. However, if you do not file this notice with the approved government entity within 90 days, your claim may be statute of limitations and, if filed in court, may be dismissed.
Please note that there is a one-year statute of limitations with the New Jersey Port Authority. Under certain circumstances, other time limits apply. A pedestrian hit by a car or motorcycle has six months to file a claim with the Association of Patrimonial Liability Insurance Guarantors (PLIGA), which is likely responsible for paying the pedestrian's medical bills. In addition, if the at-fault driver was an employee of any government entity, such as the state, county, city, or even boards, such as the Board of Education, there is a separate time limit of 90 days from the date of the accident to provide you with a special “notice of grievance claims” on your special form. Failure to do so could be fatal to your accident case.
Most car accident cases are resolved before trial. But it's important to prepare a case thoroughly as if it were going to trial. The reason is that insurance companies will only pay fair and full compensation if they are convinced that the accident victim is ready to go to trial. If an insurance company is short-sighted and unwilling to offer sufficient compensation, our experienced auto accident trial attorneys have full confidence in New Jersey juries to deliver fair verdicts. The American Association for Justice provides attorneys with the information and assistance necessary to help injured individuals and protect the democratic values inherent to the civil justice system.
The New Jersey Justice Association is an organization dedicated to protecting families in New Jersey by practicing and improving laws to ensure safer products and workplaces, a better environment and quality health care. The Better Business Bureau requires companies to practice strong advertising and good customer service practices to increase customer trust in order to obtain accreditation. Public Citizen is a nonprofit organization that works to defend democracy, resist corporate power, and ensure that government focuses on people, not corporations. Attorney certification granted by the Supreme Court of New Jersey requires that the lawyer pass a comprehensive examination, be recognized by peers, have a sufficient reputation, and have a high level of experience, skills, and education in a specific practice area.
Super Lawyers is a qualification service with lawyers from more than 70 practice areas. The selection process includes independent research, nominations and peer reviews. The American Interstate Truck Lawyers Association is a national association of trucking lawyers with the purpose of eliminating the practices of unsafe transportation. National Trial Lawyers is an organization comprised of attorneys from across the country who must meet strict requirements to be selected among the top 100 trial attorneys.
The selection process consists of several steps, including peer nominations and research by third parties. It has been recognized by Best Lawyers, one of the oldest and most respected peer-review publications in the legal profession. It has been recognized as one of the best law firms in New Jersey by Best Lawyers, one of the oldest and most respected peer review publications in the legal profession. First responders who care for accident victims can be called upon to identify injuries that occurred immediately after the accident.
However, an auto accident attorney can help accident victims navigate the complex insurance claims process. Under New Jersey law, a distracted driver who sends text messages is identified as violating the law and posing a significant threat to everyone around him. Only a small number of car accident cases go to trial, usually because there is a dispute over an important issue, such as liability or the severity of the injuries. However, those same counties (Essex, Hudson, and Passaic) have average fatal car accident rates per 100 MVM, compared to the general state rate.
However, an auto accident lawyer can often save you the expense and stress of a trial by negotiating a fair settlement with the insurance company outside the courtroom. An experienced car accident lawyer can advise you on your options and help you recover compensation for your injuries. If the accident occurred on a New Jersey interstate, the New Jersey State Police will investigate the accident. If you're lucky enough to know an attorney personally, ask if they can refer you to a New Jersey car accident lawyer who deals with cases like yours, assuming you don't have the required experience yet.
This could be because car accidents in urban areas are more likely to involve vehicles traveling at low speeds or in congested areas. Your auto accident lawyer can handle every stage of the journey, starting with submitting the necessary documentation on your behalf and gathering evidence to support your claim. In New Jersey, if an accident was less than 50 percent your fault, you can still receive compensation for your damages.
