To discuss your legal options and to seek representation in court, consult our New Jersey car accident lawyers at The Law Offices of Greg Prosmushkin, P.C. today by calling 609-656-0909. Our skilled legal team provides you with attention, experience, and legal help in complicated car accident recovery cases.
Car accidents may happen due to drivers’ negligence and carelessness. In New Jersey, such negligent drivers may be held liable for victims’ losses, which include lost income, injuries, property damages, and pain and suffering. The victim needs to file an injury lawsuit to seek compensation. This process may involve legal complexities. Our attorneys represent car accident victims in Jersey City, and throughout New Jersey.
How Can A Jersey City Car Accident Lawyer Help You?
For those who have been involved in a crash, navigating their claim can be an overwhelming experience. Dealing with the trauma and pain in the aftermath of an accident is challenging enough without dealing with the insurance companies and legal issues. A New Jersey car accident lawyer can manage every aspect of your claim, allowing you the time and space you need to heal.
Our attorneys’ legal services include:
- Free Case Evaluation: Every claim starts with a free consultation with one of our experienced lawyers. They will listen to your story, explain your legal rights and options for pursuing compensation.
- Claim Management: We can file your claim and manage all contact with the insurance companies. This includes providing supporting documents and responding to requests.
- Evidence Gathering: Our legal team will gather evidence and information about the crash and your injuries. This is critical to building a solid claim and recovering adequate damages.
- Negotiations: Experienced and skilled negotiators can help you maximize your compensation. Understanding the strengths and weaknesses of your claim, the extent of your losses, and negotiation techniques are essential to recovering a fair settlement.
- Lawsuit Filing: If a settlement is not reached, our litigation team can file a lawsuit on your behalf. Timely filing is critical to ensuring your rights to recovery are secure.
- Pre-Trial and Trial Representation: We can represent you throughout all pre-trial proceedings and during trial. Our attorneys can persuasively present your case to the judge and jury in order to secure a favorable verdict.
Additionally, our attorneys make themselves available throughout the pendency of your claim to answer your questions and provide legal guidance. If you have been hurt in a crash, don’t hesitate to contact us for assistance.
Common Causes of Car Accidents
When you get into a car accident, it can lead to various unwanted consequences such as life-long injuries, loss of wages, and others. To prevent car accidents, you need to know the most-common causes of car accidents.
- Distracted Driving: One of the most common reasons for car accidents is distracted driving. It may lead to severe car accidents resulting in fatalities and severe injuries. Distracted driving may be texting while driving, driving while music is on, talking with passengers who are seated in the backseat, or eating while driving.
- Speeding: When drivers tend to exceed the speed limits, they have less time to react to road changes that may cause deadly accidents. Speeding is one of the leading causes of fatal accidents, and drivers must follow speed limits to avoid such accidents.
- Drunk Driving: Drunk driving is illegal and may lead to severe car accidents. Such accidents may cause catastrophic injuries such as traumatic brain injuries, spinal cord injuries, and others. Therefore, drivers must refrain from driving under the influence of drugs or alcohol.
- Reckless Driving: Reckless driving may cause a higher number of accidents every year as drivers may engage in speeding, aggressive driving, and tailgating. Reckless driving may cause traffic offenses and can lead to penalties such as jail time, points on your license, and fines.
- Running Red Lights: Running red lights is one of the main causes of car accidents. Red signifies stop and drivers must obey. If you fail to stop at a red light, you may collide with another vehicle on the road causing an accident.
- Improper Turns: Drivers must be aware of how to make safe and legal turns to avoid collisions. An improper turn is one of the most common causes of car accidents. Drivers must not perform any illegal turn and must follow the signs while taking turns. It will prevent such accidents.
If you find yourself in an unfortunate car accident, one of the best things you can do is to seek legal representation immediately.
What Are Common Injuries Resulting From Car Accidents?
Car accidents may cause catastrophic injuries, leading to life-long problems. Some common injuries that car accident victims may experience are as follows:
- Whiplash: Whiplash happens when the head faces a jerk forward and backward, and the neck is snapped. Whiplash damages the tendons, ligaments, facet joints, neck muscles, and discs.
- Back and Spinal Cord Injuries: These injuries may include back strains, sprains, disc slips, and spinal fractures. The symptoms of back injuries may vary depending on the severity of the car accidents.
- Head Injuries: Car accidents may cause traumatic brain injuries. These injuries can be caused by car accidents, which may range from minor to severe. Head injuries may vary depending on the severity of the accident.
- Bone Fractures: These include broken arms, broken legs, and other bone fractures. The symptoms may include severe pain, bruising, and swelling.
- Psychological Injuries and Impacts: The psychological impact linked to car accidents may last for a lifetime or years. It may even affect the victim’s quality of life and their ability to live independently.
Not all car accidents cause physical injuries. Some car collisions may also lead to emotional stress and mental turmoil. The victim may contact a New Jersey personal injury attorney for legal help in such cases.
What To Do After A Car Accident In New Jersey?
After a car crash, you may be confused about what to do. Here are some steps that you can take:
- Medical attention- The first thing that you should do is to check for injuries. If anyone is injured, call 911 immediately. Even if you do not think you are injured, it is essential to seek medical attention.
- Move to a safe location- Once you have ascertained that everyone is okay, the next step is to move your vehicle to a safe location so you are not blocking traffic.
- Exchange information- You should exchange information with the other driver. This includes your name, contact information, insurance company details, and license plate number.
- Call the police- Even if the accident is minor, it is essential to call the police so they can file a report.
- Take photos- If you have a camera or a smartphone, take photos of the accident scene, the damage to both vehicles, and any injuries that you or your passengers have sustained.
- Speak to witnesses- If there are any witnesses at the scene, then get their contact information so they can give a statement to the police or your insurance company.
- Contact an attorney- An experienced New Jersey car accident lawyer will be able to guide you through the claims process and help you seek the compensation that you deserve.
It is important to act quickly after a car accident. By taking the above steps, you can protect your legal rights.
Statute Of Limitations to File an Injury Claim in New Jersey
In New Jersey, you have two years from the date of the accident to file a personal injury claim. If you do not file a claim within this time frame, then you may be barred from doing so. This means that you will not be able to recover any compensation for your injuries, no matter how severe they may be.
Therefore, it is essential to get help from an experienced Jersey City Car Accident Lawyer. They will help you to file a car-crash lawsuit within the defined time limit. This will also speed up your case and will help you to pursue compensation as soon as possible.
What Damages Are Available If I Am Injured In A Car Accident In New Jersey?
If you get injured in New Jersey, you may sustain injuries and you may require financial compensation for your damages. The reimbursement for car-accident claims can be divided into two types: economic damages and non-economic damages. In certain personal injury cases, punitive damages are also awarded to punish the defendant.
Economic Damages
Economic damages provide compensation for financial losses, expenses, and costs related to the car crash. Economic damages may include the following:
- Medical expenses
- Rehabilitation and therapy
- The cost of replacing or repairing damaged property
- Reduced earning capacity due to temporary or permanent disability
- Nursing care
- Legal expenses
Non-Economic Damages
Certain car accidents can cause consequences that do not have financial value. The victim may experience unbearable pain and suffering. They may even experience limitations in how they live and what they do. Therefore, non-economic damages are awarded. Common examples of non-economic damages include:
- Pain and suffering
- Emotional distress
- Scarring
- Loss of enjoyment of life
- Loss of consortium
- Loss of quality of life
- Depression, PTSD, and anxiety
- Disfigurement
- Embarrassment
Punitive Damages
Punitive damages are awarded for punishing the at-fault party for their reckless actions. To secure a punitive award, the victim must prove that the defendant acted with willful negligence or a high degree of moral carelessness. In New Jersey, punitive damages are capped at five times the amount of compensatory damages or $350,000, whichever is greater.
Car Insurance Policies In New Jersey
There are four types of car insurance policies available in New Jersey:
- Liability insurance: This type of insurance covers the damage that you cause to other people and property in an accident. It does not cover your own damages.
1. In a standard policy, a bodily injury may be from $15,000 per person to $250,000 per person.
2. In a basic policy, bodily injury is available per accident, not per person.
3. For property damages, the basic policy includes $5,000 per accident, and in a standard policy, it starts from $5,000 and can reach $100,000 or more. - Personal injury protection (PIP): All motorists in New Jersey are required to have personal injury protection coverage. In PIP, the basic policy starts from $15,000 per person and per accident. However, in a standard policy, it starts from $15,000 per person and can reach up to $250,000 or more.
- Uninsured/underinsured motorist coverage: This type of insurance provides benefits if you are hit by a driver who does not have insurance or does not have enough insurance to cover your damages.
- Collision insurance: This type of insurance covers the damage to your own vehicle in an accident, regardless of who is at fault.
It is important to note that you are not required to have all four types of insurance. An experienced New Jersey car accident attorney can make the process of gaining compensation easier if you have an auto insurance policy.
How Much Is My Car Accident Claim Worth?
In New Jersey, there is no cap on the amount of compensatory damages you can recover. The value of your claim depends on various factors. This includes the severity of your injuries, extent of your property damage, and then parties involved. Understanding the amount of available insurance and liability is also crucial to determining your possible recovery.
Moreover, New Jersey is a modified comparative negligence state. This means that a person can recover damages if they are 50% or less at-fault for the accident. Any award will be reduced by the percentage of fault. For instance, if a driver is 40% to blame and their damages are $100,000, they would be able to recover $60,000.
How Do You Prove Negligence In A Car Crash Injury Claim?
You can file a car-accident claim in New Jersey when you have been injured in a car crash that was caused by another driver’s negligence. You will need to prove that the other driver was at fault for the accident and that your injuries were directly caused by the accident.
The elements needed to show negligence in a car accident are the following:
- Duty: The first step is to show that the other driver had a duty to drive safely. All drivers have a duty to drive safely and to obey the rules of the road.
- Breach of Duty: The next step is to show that the other driver breached their duty by driving recklessly or by breaking the law. For example, if the other driver was speeding or texting while driving, then this could be considered a breach of their duty.
- Causation: The third step is to show that the other driver’s breach of duty caused your injuries. This means that you would not have been injured if it were not for the other driver’s negligence.
- Damages: The fourth and final step is to show that you have suffered damages as a direct result of the accident. These damages can include medical bills, lost wages, pain and suffering, and more.
If you are filing a claim and you can prove all of these elements, then you may be able to recover compensation for your injuries.
Car Accident Statistics in New Jersey
According to the New Jersey Department of Transportation, there were over 276,000 car accidents in New Jersey in one of the recent years alone. Out of those accidents, approximately 60,000 crashes resulted in injuries. The number of accidents is increasing while the number of injuries due to car accidents is declining owing to factors like car safety. Among 60,000 injuries caused by car crashes, the number of deaths caused was 524.
Need Legal Assistance? Contact New Jersey Car Accident Attorneys
Our experienced lawyers will help you pursue compensation for your injuries. We will also guide you through the legal process so that you can focus on your recovery. Our team has successfully represented many clients in car accident claims.
We understand that this is a difficult time for you and we will do everything possible to help you. Contact us today for a free case consultation. We will review your case and help you understand your legal options.