Do I Need a Lawyer to File a Claim After an Accident?
Handling a personal injury claim in New Jersey can be daunting because of the numerous legal complexities involved. At DeZao & DeZao, P.C., our dedicated attorneys and New Jersey car accident lawyers are here to streamline the process, ensuring your claim is filed correctly and effectively. We manage all the legal challenges on your behalf, allowing you to prioritize your recovery, with our goal being to secure the compensation you rightfully deserve.
While you may consider handling the claim alone, the knowledge and skills of an auto accident attorney in New Jersey can make a significant difference. Lawyers can provide an in-depth understanding of insurance policies, ensuring that all potential sources of compensation are explored. Moreover, they can anticipate potential challenges from insurers trying to minimize payouts and prepare to counter these tactics effectively.
Assessing the Value of Your Claim
Our team carefully evaluates the worth of your claim by considering multiple factors, including the extent of your injuries, pain and suffering, future medical needs, and any long-term impacts on your life. This thorough assessment is essential for building a solid case and pursuing the compensation you deserve from the responsible party. Without expert guidance, there’s a risk of undervaluing your claim, which could lead to a lower settlement than you are entitled to.
Every accident claim is unique, and determining its value involves more than just calculating the immediate costs. We delve into how your injuries affect your daily life, your ability to work, and the emotional toll they may take. We comprehensively picture your rightful compensation by compiling evidence such as medical reports, expert testimonies, and economic loss assessments.
Guiding You Through Legal Procedures
Recovering from an accident is difficult enough without the added burden of navigating legal procedures. Our attorneys are well-equipped to handle legal forms, documentation, and strategies to pursue your claim. We manage all communications with insurance adjusters and address legal nuances, ensuring that your rights are protected and that the insurance company does not take advantage of oversights or errors. Attempting to handle these details without professional support could result in a settlement far below what you deserve.
Our approach isn’t just about reacting to situations as they arise. By proactively preparing every element of your claim, we aim to prevent potential roadblocks before they occur. This includes collecting and preserving evidence, consulting with experts, and laying the groundwork for any possible courtroom proceedings if they should become necessary.
Negotiating with Insurance Companies
Dealing with insurance companies can be difficult, as their main objective is usually to minimize the amount they pay out. Our attorneys are experienced at negotiating with insurers and will advocate strongly on your behalf to pursue the best possible settlement. Having an experienced lawyer by your side signals to the insurance company that you are serious about your claim, which can often result in more favorable offers. Without professional representation, you risk the insurer taking advantage of any weaknesses in your case and potentially offering a settlement far below what you truly deserve.
Insurance companies often employ tactics to delay payment or deny claims. Our legal team is familiar with these strategies and can navigate around these challenges to keep your claim on track. By meticulously documenting every interaction with insurers and building a robust negotiation position, we fight to ensure fair treatment and just compensation for our clients.
Trust Our Expertise
Choosing DeZao & DeZao, P.C. means choosing a team committed to advocating for you every step of the way. We manage all aspects of your personal injury case, from gathering evidence to handling negotiations, so you can focus on what matters most—your recovery. With our professional legal support, you can be confident that your claim is in capable hands, helping you achieve a just and fair resolution. Don't navigate this challenging process alone; let our experienced attorneys work to secure the compensation you deserve.
Here's what past clients have said about working with us:
“I was recommended to the firm by a friend after a recent accident. Veronica was always available to answer any questions and explain the process. Overall, I had an amazing and was very satisfied with my experience.” - Nicole L. ★★★★★
How Does NJ’s No-Fault Law Affect My Claim?
New Jersey is a no-fault state for car accidents. That means the injured party must first collect compensation for their injuries and other losses from their insurance company, regardless of who was at fault.
There are three main types of insurance policies that motorists have in New Jersey:
- Personal Injury Protection (PIP): PIP insurance can help pay for medical and rehabilitation expenses for you and your passengers after a car accident, even if you have health insurance. This can be a big help, especially if you have a high deductible or if your health insurance doesn't cover all of your accident-related medical costs. In some cases, PIP may also cover lost wages, but it will depend on your personal policy.
- Liability Insurance: This insurance policy covers damages that the other driver suffers if you are at fault for the accident. New Jersey only requires motorists to possess liability insurance for property damage. However, there are options for personal injury liability coverage at additional costs.
- Uninsured Motorist Coverage: New Jersey also requires drivers to possess a minimum amount of UIM coverage in case they are involved in an accident with a driver without insurance or only a minimum amount of coverage.
Unfortunately, many victims of car accidents believe that because of these no-fault laws, they must accept whatever offer the insurance company provides. This is FALSE! Our experienced team can help maximize your claim in many ways despite PIP insurance and no-fault laws. Give us a call today at (973) 358-6134 so that we can listen to your story and help explain your options!
Possible Liable Parties in Your Car Accident Case
Determining liability is an essential step in recovering compensation after a car accident. Identifying the negligent party and finding the people responsible for paying for your medical expenses and other damages is crucial.
Other drivers are often responsible for car accidents. By driving recklessly and ignoring traffic laws, negligent drivers put others at risk.
Third parties not directly involved in a car accident could be liable for damages if their negligence contributed to the collision in some way. For example:
- A vehicle manufacturer that produced a defective car
- A government entity, municipality, or construction company that built a dangerous road
- An employer who didn’t properly train their workers who drive as part of their job
- A bar, restaurant, liquor store, or party host who served alcohol to someone who eventually drove drunk
These are only a few examples of parties who could be liable for a car accident. Discussing the details of your case with an attorney is essential to finding the people responsible for your unique situation.
What is Modified Comparative Negligence?
Modified comparative negligence is the concept that accident victims found to be partly liable for accidents are only partly entitled to financial compensation. New Jersey Statutes 2A:15-5.2 states that the level of liability for the plaintiff(s) and defendant(s) must be determined by calculating the “full value of the injured party’s damages” and figuring “the extent, in the form of a percentage, of each party’s negligence or fault.” Whatever percentage is determined for the “injured party's” fault must then be taken out of the total.
Let us use an example to explain this legal concept. Imagine that Driver A is at a four-way intersection. They have dutifully stopped at the stop sign and then made a left turn. However, before they can make it all the way across, Driver B T-bones them, leaving Driver A with $1000 in damages. The courts may determine that Driver B was at fault, being the one who directly hit Driver A, and may thus have to cover the damages.
However, if the drivers’ insurance companies find that Driver A’s actions may have contributed to the incident, then modified comparative negligence is considered. In our hypothetical scenario, the courts might discover that Driver B had sounded their horn at Driver A. And Driver A could not react to the honk because they had their music turned up too loud. A driver who cannot hear what is happening outside their vision is endangering other drivers. So, Driver A may be found to be 30% at fault. Instead of receiving $1000 to cover their damages, they would only receive $700 and have to pay the rest out of pocket.
What Happens If I’m More Than 50% at Fault?
This determination may sound harsh as is, but one detail in this law is significant for plaintiffs. NJ Statutes 2A:15-5.1 states that people can claim money for damages to themselves or their property “if such negligence was not greater than the negligence of the person … or combined negligence of the persons against whom recovery is sought”. In short, you cannot claim money from the defendants if you are found to have been more responsible for the accident than they were.
Continuing with the earlier example. If Driver A’s inability to hear Driver B honking at them is considered 50% at fault, Driver A could still claim money from Driver B’s insurance company. However, if Driver A had not even used their turn signal to show that they would be turning left, this, plus the loud music, might have pushed them to be 70% responsible. That would mean that under New Jersey law, Driver A can no longer claim any money for their damages.
How Much Can a Lawyer Help You Recover?
Wondering what you could recover in an auto accident case? The law is designed to put you in the same financial position you would have been in had the other party not acted negligently. That means you may be entitled to more than just the damage to your car, but the full cost of even the most serious injuries.
Depending on the circumstances of your case, an experienced attorney can help you recover for the following losses:
- Medical bills
- Pain and suffering
- Lost wages
- Property damage (including the cost to repair/replace your car)
- Wrongful death following the loss of a loved one
- Emotional distress
These are a few examples of compensable damages, but every case is different. Results may vary depending on your particular facts and legal circumstances.
Most Dangerous Roads in New Jersey for Car Accidents
Known for its dense population and bustling highways, New Jersey has several roads with significant accident rates. Roadways like the Garden State Parkway and the New Jersey Turnpike are frequently highlighted for their high traffic volumes and accident records. Understanding these areas can be critical for locals and frequent travelers, as awareness can contribute to safer driving habits and strategic travel planning.
Routes such as the I-80, particularly around the Patterson area, and Route 1 near Newark are notorious for high speeds and congestion, leading to increased accident risks. Being conscious of these hazards can deter negligence and result in heightened alertness when traveling on these roadways. Our legal team uses insights from local accident patterns to better prepare for claims from these commonly affected areas.
Frequently Asked Questions About Car Accidents
What Should I Do Immediately After a Car Accident?
After a car accident, your safety is the top priority. Call 911 to report the accident and seek medical attention for any injuries, even if they seem small. Make sure to collect all contact and insurance information from the other driver, take pictures of the scene, and avoid admitting fault. It’s also important to contact a skilled car accident lawyer as soon as possible to protect your legal rights.
How Long Do I Have to File a Car Accident Claim?
The time limit for filing a car accident claim, known as the statute of limitations, varies by state. In most cases, you have between one and three years from the date of the accident to file a lawsuit. Failing to file within this time period could prevent you from recovering compensation, so it’s best to consult a lawyer early.
What Damages Can I Recover After a Car Accident?
You could be qualified to obtain compensation for medical fees, lost earnings, pain and suffering, property damage, and in some cases, punitive damages. The amount you can recover depends on the seriousness of your injuries and the circumstances surrounding the accident.
Contact Our Car Accident Lawyer in New Jersey Today
At DeZao & DeZao, P.C., we start with a free consultation to understand your situation, review evidence, and provide personalized legal advice. During this consultation, you can discuss your concerns and receive guidance on your next steps. Our team is dedicated to building a strong case, negotiating fair settlements, and thoroughly assessing the value of your claim, including medical expenses, lost wages, pain and suffering, and other damages. We will take your case to court to fight for your rights if negotiations don't offer a fair offer.
Speak with an experienced New Jersey car accident lawyer who will advocate for your rights. Call us now to get started!
