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How Does a Car Accident Lawsuit Work in New Jersey?

In all likelihood, you’ve never filed a New Jersey car accident lawsuit before. But now you’re hurt and thinking about filing one. And you’re expected to know how the whole legal system works.

That’s not fair. It’s intimidating, and it keeps real car accident victims from pursuing compensation they’re entitled to.

Bundle of Lawsuit documents are placed on table, in front of Lawyer

We’re here to help. The experienced team at Rosengard Law Group has broken down how car accident lawsuits work in New Jersey. See below — or, if you want tailored guidance on your unique lawsuit, schedule a free consultation with our attorneys now. Call 856-284-6446 or contact us online.

What to Do Right Away After a Car Accident

First thing’s first: Before you can pursue car accident compensation in New Jersey, you have to deal with the accident. Here’s what to do right away after a car accident:

  • Make sure everyone is in a safe place
  • Check for life-threatening injuries
  • Call the police
  • Take pictures and videos of the accident scene and your injuries
  • Get contact information from witnesses and other involved parties
  • Seek medical treatment (to make sure you are healthy and document your injuries)
  • Keep records of all expenses related to your accident (this will help with calculating damages later)
  • Obtain the police report detailing your accident

After you’ve completed these steps, you’re likely ready to start the New Jersey car accident lawsuit process.

The Lawsuit Process

The car accident lawsuit process can be really complicated. Fortunately, if you team up with an experienced attorney, your legal team can handle the hard stuff while you focus on recovering.

With that in mind, here is the basic process for how car accident lawsuits work in NJ:

1- Consultation with an Attorney

Your very first step is likely to be reaching out to a New Jersey car accident lawyer. You can complete this step right now by contacting Rosengard Law Group

We offer a free consultation so you can share details of your accident and get a basic idea of what your lawsuit might look like. We lend you an understanding and sympathetic ear, and we look at the big picture surrounding your case to give you a realistic idea of the following:

  • Your legal options
  • Your chances of success
  • How much compensation you might be able to pursue

We’ll also answer any questions you have — both during the consultation and throughout the case (should you retain our services).

2- File a Lawsuit

If you choose to proceed, your attorney can file your lawsuit. That will involve some legal documents, likely including a demand letter that will detail your injuries and the compensation you are seeking.

Technically, you can do this without an attorney. But it is at crucial points in the New Jersey auto accident lawsuit process like this where you can make mistakes that harm your ability to recover full compensation.

3- Negotiation and Settlement

Your attorney will then begin negotiations with the at-fault party and their insurance company. 

There is usually some back-and-forth here, and it’s easy to get manipulated by the insurer in particular. They have teams of experienced attorneys whose job it is to reduce the compensation you receive — if you receive any at all.

This is when you’ll really feel the benefits of having partnered with the right New Jersey car accident lawyer. We’ll see their tricks coming from miles away and know exactly how to counter them.

4- Trial (if Settlement Fails)

The vast majority of car accident lawsuits end in a settlement. In other words, they end before going to court more often than not.

Avoiding court can save you a lot of headaches and keep your expenses down. Those are both good things, but they’re only worthwhile if the at-fault party offers a real settlement that covers your damages in full

That’s what we’ll be fighting for on your behalf. But if the other side fails to offer an acceptable settlement or refuses to negotiate, we won’t hesitate to take them to court.

If we end up in court, we’ll handle all the planning and preparation. And we will keep you informed at every step. We’ll put together a strong case for why you deserve maximum compensation, and we’ll fight for you hard.

Crucial Points to Remember

Those are the basics of how a car accident lawsuit works in New Jersey. But keep these additional key points in mind as you decide what to do next:

  • The statute of limitations for personal injury claims in New Jersey is two years. That means you have two years from the date of your accident to file your car accident lawsuit.
  • If you share any of the blame for the accident that injured you, your total compensation can be reduced by the percentage of fault you’re found to hold. Your attorney will advise on how to reduce that percentage, if applicable.
  • It’s possible that your damages will exceed the at-fault party’s insurance policy limits. That doesn’t mean your compensation is definitely limited. It simply means that you and your attorney may need to seek compensation directly from the other driver or a similar party.

Considering a New Jersey Car Accident Lawsuit?

You know how NJ car accident lawsuits work now. The next step is to make a decision: Contact an attorney or not?

If you decide to speak with an attorney, Rosengard Law Group is here for you. We’ll happily meet with you for a free consultation to discuss your case and your legal options.

Call 856-284-6446 or contact us online to get started.

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