NJ CAR ACCIDENT Attorneys
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New jersey car accident lawyer
In a flash, your life becomes filled with doctor visits, pain and suffering, lost income, interactions with an unsympathetic insurance company, and overall stress
This article is written to help New Jersey car accident victims and their loved ones understand each facet of the situation they’re faced with. I want to help you make the right decisions and avoid some dangerous pitfalls.
Also, I want to be clear about the service we provide, so you’ll know exactly what to expect when you hire a car accident attorney in New Jersey.
Call 856.284.6446 right now and speak to a car accident attorney for free.
This is a no-obligation call, and you will get real answers to your questions.
What Should I Do After A Car Accident In New Jersey?
The steps you take after a car accident can affect the outcome of your compensation claim. We encourage everyone who has been in a car accident to:
Notify Emergency Services
By calling the police, you are officially reporting that an accident has happened. The police will come to the scene and gather important information. Make sure that you do not admit or imply personal fault for the accident in any way. Soon after the accident, you will need to obtain a copy of this police report to start your compensation claim.
Get Medical Care
You will want to go to the emergency room immediately after the accident for an evaluation. Even if you believe the injuries are minor, let a medical professional make that determination. Soft tissue injuries, internal bleeding, and concussions can all be difficult to determine at the accident scene. Do not place yourself at risk, have a medical exam.
As soon as you can, you should start keeping records of the accident. Starting with what you remember about the accident. Write down everything so that you can reference it at a later time.
You will also want to document everything from doctor visits to time missed from work. Keep receipts and any documents that you are given.
We Also Encourage You NOT To Do The Following
- Do not give a written or recorded statement to the insurance company before speaking with an attorney at Rosengard Law Group. You can decline to give a statement until you have spoken with a lawyer.
- Don’t get friendly or personal with the insurance adjuster. Everything you say in confidence or in a friendly way can be twisted and used against you in this case.
- Do NOT forget to attend medical appointments or decline treatments that are being offered. If you start missing appointments or refuse any care, the insurance company sees this as an indicator that you have fully recovered from your injuries.
- Do NOT post anything on social media about your accident, your claim, your medical care, your meetings with your attorney, or your expected outcome. The insurance company will monitor your social media. It will be in your best interest not to refrain from posting anything at all on social media while you have an active case.
What Will A New Jersey Car Accident Lawyer Do For Me?
We Will Prepare All Documents and Thoroughly Investigate Your NJ Car Accident Claim
It is very surprising how much paperwork is generated by a car accident. At Rosengard Law Group, we will ensure that your paperwork is prepared correctly and that all your legal documents are filed on time. You will not have to worry about late documents or improperly filled-out forms harming your case.
We will review the police report and the findings report generated by the insurance company. We only rely on these documents for some of our evidence because it has been our experience that these reports are often incomplete or created to favor the insurance company.
We will bring in accident reconstruction experts, if necessary to determine the cause of the accident. We will review accident scene photos, surveillance videos, and review witness statements to get a more accurate view of the accident.
We Will Carefully Review and Document the Extent of Your Physical, Emotional and Financial Harm.
We will review your medical costs and discuss your projected recovery with your medical care providers. We will also speak to medical experts to determine the future costs of your medical care.
We will go through all of your financial losses to get an accurate account of your current and future financial losses.
We Will Stop Claim Delays That Benefit The Insurance Company
Insurance companies are in business for one reason – to make money. When they delay or deny your claims or make lowball offers, they are doing so to protect their bottom line. The Rosengard Law Group does not stand by and allow insurers to profit off the injured’s backs.
We Will Prepare and Negotiate Your Settlement for Maximum Recovery
Rosengard Law Group will ensure that any settlement offer from the insurance company is complete and fair.
We will make our recommendations to you on any offer the insurance company provides. If it is not fair, we would like to encourage you to decline the offer to negotiate for the maximum amount.
We Will Be Prepared To Go To Trial
Insurance companies know that when a case goes to trial, they stand to lose a lot more money than if they paid a fair settlement. Most juries will side with the injured party.
We start preparing to go to trial from the minute we accept your case. Insurance companies who know the car accident attorney is willing to go to trial are more likely to make a fair settlement offer.
What Does No-Fault Insurance Mean?
New Jersey is a no-fault insurance state, meaning payments for car accident losses are different than in states where only the at-fault party pays for damages.
In New Jersey, certain expenses related to your accident are paid by your insurance company, even if you are not at fault for the accident.
Your insurance company will pay your medical care costs and other losses. Depending on your insurance type, the right to file a lawsuit for additional damages may be limited.
You will need to work with a car accident attorney in New Jersey to determine your rights under your insurance policy.
A no-fault policy will limit your ability to seek damages for pain and suffering. Pain and suffering will only be given under a no-fault policy for catastrophic injuries like:
- Loss of limb
- Displaced fracture
- Serious scarring or disfigurement
- Permanent injury or disability
- Loss of life
No-fault insurance laws are complex. It can become easily confusing to find out if you qualify to file a lawsuit on behalf of your losses and injuries.
The best choice in this situation is to work with a NJ car accident attorney.
Your attorney will be able to navigate the insurance system on your behalf to determine what rights you have as an injury victim.
How Does A NJ Car Accident Attorney Prove Negligence?
Determining who was the responsible party for a car accident usually comes down to finding out who was doing what at the time of the accident. Sometimes this is very simple, other times a full investigation must take place to establish negligence.
Establishing fault in a car accident ensures that the responsible party is held accountable for their actions. If you file a lawsuit for damages from your car accident, it will be essential to show that the other party was negligent.
Negligent driving behaviors come in many forms. You do not have to just be under the influence to be considered a negligent driver. Some of the more common forms of negligent driving habits include:
- Driving while intoxicated or drugged
- Distracted driving – such as texting or using a handheld device while driving
- Driving at excessive speeds
- Aggressive driving
- Failure to follow stop signals or signs
- Failure to follow road laws
- Driving while fatigued
To make a valid personal injury claim, an injury victim must be able to prove negligence.
To prove negligence, Plaintiff must prove the following:
“Legal Duty” is an obligation that one person has to another. For instance. Drivers have a legal duty to operate their vehicles in a manner that does not lead to harm to other drivers on the road.
Breach of Duty
The next thing that a car accident attorney in New Jersey must show is that the Defendant breached their legal duty. To do this you must show that the person did something that another person in the same situation would not have done.
For example, a person who runs a red light and causes an accident breached their legal duty to drive safely. You can show that other people who approached the red light stopped.
The next thing that the NJ car accident attorney must show is that the breach of duty is the cause of their injuries and losses. This can be easy in some cases, and harder in others.
For example, if a driver is driving at excessive speeds and causes an accident, any injuries you received in that accident would be a direct result of that action.
However, if one of the injuries you received aggravates a preexisting condition, it will be more difficult to prove that the accident was the cause of your injury.
This is why it is critical to have a medical exam right after the accident and have the doctor document everything you are experiencing as an injury from that event.
The final thing that must be shown to the court is that the breach of duty that caused the injuries led to financial losses. These losses will include things like current and future medical care, lost income, and other expenses directly related to the injuries.
Tips For Dealing With Car Accident Insurance Adjusters
There is one very important fact that you must understand when it comes to insurance adjusters – they have one goal only and that is to reduce or deny your insurance claim.
It doesn’t matter how friendly or compassionate they act towards you. Their words of sympathy are only meant to gain your trust so that they can manipulate the situation. It sounds like a very harsh accusation, but these adjusters are trained to act this way.
If you have a potential for a large settlement they will begin to push for an early settlement or try to encourage you to avoid lawyers because “they understand your situation” and they are there to help.
The truth is the best thing you can do when you make an insurance claim for an accident is to speak with a car accident attorney before giving any official written or oral statements to the insurance company.
Protect yourself from deceptive practices by having a car accident attorney in New Jersey on your side.
What You Say To The Insurance Adjuster May Hurt Your Claim
The first thing that an insurance adjuster is going to try to do is take an oral statement from you about the accident. It is important that you decline to give an official statement until you have spoken with an attorney.
Regardless of what they may say, you have the right to delay the official statement until a later time.
Why delay the statement? Because you have just been in an accident, it is easy to understand that you may not be thinking straight at the moment. Perhaps you are taking pain medications at the time they want the statement, this could lead to misunderstandings.
Adjusters are trained to use “loaded” questions so that the answers can be twisted to their advantage. Your best bet is to report the accident so that you can begin medical care and tell them that you will provide a statement later.
Beware Of Fake Warnings
If the adjuster comments that your case has little value or that there are problems with your claim, you should take a warning. This most likely means that they are anticipating a larger claim. They want you to think that pursuing a claim is not worthwhile. This is just a tactic, ignore their warnings and speak with a car accident attorney.
They Will Try To Trick You Into Accepting A Low-Ball Offer
The adjuster will quickly make you a settlement offer if they feel it would be a much larger payment if you pursue the claim. They will become very persistent about you taking the claim. They will tell you that if you do not accept their claim now, there will be nothing for you.
You have the right to decline an offer from the insurance company.
Matter-of-fact, it will always be in your best interest to decline their first offer. Many of these offers come while you are sitting in the emergency room. How can you really know all of your injuries and losses when your medical tests have not even come back yet?
Remember: if you agree to this settlement, then the insurance company is no longer obligated to you for any losses. If you have high medical bills, lost income, or other expenses related to the accident, you are no longer obligated to cover these costs.
Ignore their demands for a quick settlement and speak with a NJ car accident lawyer about your claim.|
What Do I Do If An Insurance Adjuster Calls Me?
If you are contacted by the insurance adjuster or anyone from the insurance company, it will always be in your best interest to refer them to your car accident lawyer. That is the easiest way to avoid any problems interacting with the insurer.
Economic Damages Caused By A Car Accident
When an injury victim files a compensation claim they will seek economic and non-economic damages. Economic damages are the financial losses they have incurred due to the accident.
Injury victims only receive one payment for their economic damages, so it is essential that you have all your current and future losses calculated into the final value of your losses.
Current financial losses would include:
- Current medical care costs including medical supplies
- Lost income and benefits
- Cost to repair or replace the vehicle
- Cost of rental car services
- Cost of necessary personal services due to injuries
Future financial losses would include:
- Future medical care costs for injuries
- Long-term care if required
- Future earning capacity
- Cost of services that you can no longer do because of injury
It is crucial to calculate these economic damages accurately because once a settlement is accepted, the insurance company is no longer obligated to the victim.
Working with a knowledgeable car accident attorney in NJ will ensure that the calculations for your economic losses are accurate so that you receive the maximum compensation for your losses.
Non-Economic Damages Caused By A Car Accident
Non-economic damages are those experienced by the victim but do not have an actual monetary reference. This would include Pain and Suffering and Mental Anguish compensation as well as compensation for loss of enjoyment of life or companionship.
These losses are calculated based on many factors, including the severity of the injuries and the lasting impact on the person. It is impossible to give an exact figure for this type of loss because every case is different.
When you are working with an experienced car accident attorney, they will be able to show the true impact of the injuries on your life and secure maximum compensation for your losses.
Do I Have A Valid NJ Car Accident Claim?
Since every accident is different, we’ll evaluate your accident and injuries and give you an honest answer to that question.
Two accidents can happen the same way, even at the same intersection, but the injuries and damages will be different.
We will look for the two main factors of any automobile accident case: fault and injuries.
Once we can establish fault and the extent of the damages, we can determine the validity of your injury claim.
To make a car accident compensation claim, we must show that the other driver was at fault by proving that the actions taken by that person were the cause of the accident.
If you were the cause of the accident, you can not claim compensation for your injuries.
How Do I Know If My Injuries Are Serious Enough For A NJ Car Accident Claim?
Surprisingly, many people do not seek compensation after a car accident because they believe their injuries were not serious enough for a claim.
This misconception can cause the car accident victims and their families to unnecessarily suffer from financial hardships.
You do not have to have a catastrophic injury to file a compensation claim. If you were injured, have medical bills, require treatment, experienced lost time from work, and may need a long recovery period from your injuries, you may have a right to file for compensation.
Keep in mind, many injury victims do not realize they are injured until weeks after the accident. That headache could actually be a brain injury that will require future longterm medical care.
Instead of guessing if you have a claim, the easiest thing to do is speak with an NJ car accident attorney to determine if you have a valid compensation claim.
Do I Need A New Jersey Car Accident Lawyer To Deal With My Accident Claim?
When you contact the insurance company to let them know you were involved in a car accident, one of the first things they will do is discourage you from seeking legal representation.
The person taking your information will tell you how happy they will help you through the entire process. They will go so far as to tell you that there is no need for legal representation because their claims adjusters are willing and able to help.
They are trained to do this as part of their job. Why? Because they know that most people are not familiar with insurance laws or the terms of their insurance policies. And this lack of knowledge allows insurance companies to benefit.
If you do not know all of the compensation you are entitled to from an accident, you won’t miss it when the auto insurance company “forgets” to include it in your compensation offer.
When a car accident lawyer manages your claim, you will see a settlement that averages four times the amount you would have received if the insurance adjuster managed the claim.
That’s right – You Can WIN 4 Times More With a NJ Car Accident Lawyer On Your Side
How is that possible? At Rosengard Law Group, we understand insurance laws and the terms of car insurance policies. We stand up to the insurance companies to ensure you receive the maximum compensation for your losses.
Hiring a New Jersey car accident lawyer to manage your claim will also provide you with additional benefits. These additional services can help eliminate the stress and frustration that you have been experiencing since the accident happened.
We will prepare all your documents and ensure they are filed with the court promptly. You will never have to worry about having your claim denied or delayed from missing or improperly filled out paperwork or missing court deadlines.
When you hire Rosengard Law Group’s NJ car accident lawyers to manage your claim, you get the following services:
- We will collect and maintain all evidence related to your car accident lawsuit for the duration of the case.
- We will make sure that you have access to necessary medical care providers, find transportation to that care if necessary, and manage property damage issues if required.
- Hire accident reconstruction experts to help establish the cause of the accident and who is at fault.
- Gather all documents to show financial losses, including medical bills and income statements.
- Create a Demand Letter to send to the insurance company once all of the losses have been calculated, and your maximum medical improvement has been reached.
- Manage all interactions with the insurance company so that your rights as a victim are protected at all times.
- Provide legal representation during depositions, arbitration or mediation
- Negotiate with the insurance company on your behalf to secure the maximum compensation package.
- Take your case to trial if necessary.
How Do I Choose The Right Car Accident Lawyer in New Jersey?
Selecting a car accident attorney should be done with care. You want to make sure that you choose a law firm dedicated to personal injury cases and have the staff, resources, knowledge, and skill to manage your case successfully.
Rosengard Law Group has dedicated its practice to helping injury victims protect their rights and successfully make compensation claims for their injuries and losses.
Each person at our firm is focused on providing the best personal injury legal representation.
We believe this is the largest benefit that we can provide our clients.
When Is It The Best Time To Hire A NJ Car Accident Lawyer?
It will always be beneficial to hire a lawyer as soon as possible after your car crash happens. This is the easiest way to protect your rights and ensure that you receive maximum compensation for your losses.
If you have been involved in an accident and you are less than 50 percent responsible for the event, suffered injuries, and have incurred financial losses, it is important to speak with an attorney at Rosengard Law Group.
Our attorneys will ask you a series of questions about the accident, your injuries, and your financial losses during your FREE consultation. If it is determined that you have a claim, we will begin processing your claim immediately.
If at a later time your injuries heal without issue and there are no real economic losses, we will close out your case at absolutely no cost to you.
Important: The Statute of Limitations in NJ Car Accident Cases
How Much Is My Car Accident Claim Worth?
It is impossible to provide an absolute value to a car accident claim because every accident and injury is different. So many factors must be considered, and there is no set value or formula to use to come up with a figure.
The best way to maximize your car accident compensation is to speak with an NJ car accident attorney at Rosengard Law Group. Having a skilled attorney managing your case can help you recover four times the compensation you would have been able to get managing the case on your own.
Our promise to you is that our attorneys will aggressively represent your case so that you receive the maximum compensation.
How Long Does It Take To Process A NJ Car Accident Claim?
Car accident claims take time to process. There are several factors that can impact the length of time it takes your case to reach completion. Some of these factors include:
- Length of time necessary to reach Maximum Medical Improvement
- Time to gather evidence and waiting for responses to requests for information
- Meetings, depositions, and other interviews that must be scheduled
- Response time from each party during the negotiation process
- If your case goes to trial, the time will be extended until the court sets a date
A car accident claim can settle quickly in just a few months’ time or take a year or two to complete.
The good news is that regardless of how long it takes, Rosengard Law Group will manage your case. You can spend this time focusing on rebuilding your life after the accident.
How Much Does A New Jersey Car Accident Attorney Cost?
Rosengard Law Group works on a contingency basis. This means that there are NEVER any upfront legal fees. It also means that you do not have to pay for our services if we do not win your case.
Rosengard Law Group will advance the cost of all legal fees and expenses related to your case, such as filing fees, court costs, obtaining records, hiring witnesses, and similar fees. Our payment will be taken from the settlement when we win your case.
We will explain the fee structure when you first have a consultation. When we win your case, we will take a percentage of your compensation to cover our legal fees. This averages about 30 percent.
Having an attorney will help you get the maximum compensation for your losses, usually four times the amount that you would have received if you managed your case successfully on your own.
New Jersey Car Accident Statistics
New Jersey is considered a fairly dangerous place to drive because it’s densely populated and close to large busy cities, New York and Philadelphia.
According to a NJ State Police report, most fatal accidents in New Jersey occur on state roads, and NJ county roads, then New Jersey interstate highways come in 3rd.
Statistics show that the most dangerous NJ Routes are 59, 439, 82, 67, 63, the New Jersey Parkway, and The New Jersey Turnpike. The leading cause of these NJ car accidents is distracted driving: eating while driving, talking to passengers, and texting while driving.
Police reports show that these cities have the most car accidents, in order from most at the top to least at the bottom:
Jersey City, NJ
East Orange, NJ
New Brunswick, NJ
West Orange, NJ
New Jersey gets an average of 62,000 car accident injuries per year. Most of these injuries happen in Essex County, then Bergen County, then Passaic County.
558 people died in car accidents in New Jersey in 2018. That’s about 10 people per week. Camden County usually sees the most car accident deaths followed by Hudson County, Middlesex County, Burlington County, Essex County, Ocean County, Gloucester County, Monmouth County, and Bergen County.
Get A Free Consultation With An Experienced New Jersey Car Accident Lawyer
Being involved in a car accident can make your life chaotic. Everything changed the minute the accident occurred. It may seem overwhelming, but you can reduce the stress by speaking with an attorney.
Call 856.284.6446 for a FREE consultation. Our experienced New Jersey car accident lawyer will answer your questions and guide you to the next steps of filing a compensation claim.