Every day, drivers risk getting behind the wheel of their car and becoming the victim of a serious accident. Those who have experienced car accidents know the trauma and frustration that comes from treating injuries, addressing property damage, and just trying to get their lives on track.
At The Law Offices of Lloyd E. Bennett, Esq., P.C., our New Jersey car accident lawyers have decades of experience advocating for those injured in automobile accidents. We have recovered tens of millions of dollars for our injured clients. Our firm has the knowledge and skills to serve your best interests from the earliest stage of car accident investigation to trial or settlement.
When you choose to work with our personal injury attorneys, you gain an advocate who understands New Jersey’s traffic laws and personal injury statutes and regulations. We handle communication with insurance companies, gather necessary evidence such as police reports and medical records, and build a strong case on your behalf. This support allows you to focus on your recovery while our lawyers work to hold the responsible parties accountable.
After an accident, it is essential to establish who was at fault, as we all owe one another a standard duty of care (see the negligence explanation below). Hiring a lawyer and a team of experts early on helps with that determination.
A recent National Highway Traffic Safety Administration study found that 94% of car accidents were due to human error—a larger number of them due to distractions, many due to smartphone use.
That means if you were hit by another driver, the odds are that they’re at fault—which means a New Jersey car accident attorney can hold them accountable in court. Your settlement could pay for your medical care, lost income, pain and suffering, and other damages for the rest of your life. If you were a passenger, you’re eligible to sue the at-fault driver for the losses you’ve suffered regardless of who that is or what vehicle you were in at the time of the accident.
New Jersey uses a modified comparative negligence system to determine how fault is assigned in car accident cases. If you are found to be partially responsible for the accident, your compensation could be reduced by your percentage of fault. If you are found to be over 50% at fault, you may not recover any damages at all.
This rule makes it important to have a skilled lawyer on your side to fairly represent your interests. A skilled New Jersey attorney could investigate the car accident thoroughly to gather evidence that supports your version of events and counters any unfair blame assigned to you. This might include witness statements, traffic camera footage, or expert analysis of the crash scene.
A car accident claim could include compensation for a variety of damages. These typically fall into two categories: economic and non-economic damages. Economic damages cover tangible losses like medical expenses, rehabilitation costs, vehicle repairs, and lost wages. Non-economic damages compensate for pain, suffering, emotional distress, and loss of enjoyment of life.
In cases involving serious injuries, long-term disability, or wrongful death, the stakes can be even higher. An attorney could work with medical experts and financial advisors to fully document the extent of your damages, making sure no part of your claim is overlooked.
Car accidents can happen for many reasons, and understanding the causes can help you identify whether you have a valid claim. Some of the most common causes include distracted driving, speeding, driving under the influence, reckless behavior, and poor road conditions.
If another driver’s negligence caused your crash, you may be entitled to compensation for medical bills, property damage, lost income, and pain and suffering. In New Jersey, drivers are required to carry certain minimum insurance coverage, but sometimes that is not enough to cover your losses. An attorney could help you explore all potential sources of compensation, including uninsured or underinsured motorist coverage.
From minor fender-benders to multi-vehicle collisions, no one-car accident is the same. However, many clients experience the same or similar injuries regardless of the severity of the accident. Some of the most common injuries include:
New Jersey state law requires every driver to maintain some type of insurance coverage to operate a vehicle on our roadways. Failure to have coverage is an offense punishable by a monetary fine and a loss of driving privileges for up to a year.
There are three different types of coverages available to NJ Motorists:
For a description of what is included and not included with each of these policy choices visit the State of New Jersey Office of Banking and Insurance’s Automobile Insurance page. If you have questions regarding coverage selection speak to your insurance agent.
Personal Injury cases in New Jersey are subject to a statutory timeframe to bring a claim for injuries, which is called a statute of limitations (SOL). Under New Jersey law, a person who has been involved in a car accident has two years from the date of the accident to file a lawsuit against the party that caused the accident. Parties forfeit the right to bring a lawsuit once the SOL period has passed. Missing this deadline often means losing the right to pursue compensation. There are exceptions, such as claims against government entities, which have shorter filing deadlines and different rules and rules for minors that extend the SOL until their 20th birthday.
Contacting a New Jersey lawyer promptly could help you understand all applicable deadlines and ensure your car accident claim is filed on time.
Having a knowledgeable lawyer could make a significant difference in how smoothly your case proceeds and how much compensation you might recover. If you were injured in a car wreck, consider reaching out to an attorney who could guide you through the process and help protect your rights.
Car accident lawyers in New Jersey offer a number of legal services for their clients. Although many car accident cases are similar in nature, each case can pose different challenges to the injured parties, which requires a unique approach by the attorney.
The single most crucial aspect of any New Jersey car accident case is the collection of evidence. As time passes, eyewitness accounting of an event can fade, requiring physical evidence and documentation to refresh memories and help calculate the total costs of an accident.
Typical forms of evidence that can and should be collected during the initial stages of a car accident investigation should include the following:
Another crucial aspect of an attorney’s services for car accident cases is the identification of eyewitnesses and the collection of witness statements. During the pretrial phase of any civil lawsuit, parties are allowed to depose witnesses to obtain testimony of critical factors of the case. However, before a case can even be filed, it is crucial for the attorney to collect as much evidence as possible, which includes witness statements.
Although interviewing someone about what they said during a car accident does not appear to be challenging, skilled attorneys understand how to flush out critical details of an accident and identify witnesses that may not be easily identified during the initial stages of an investigation.
A skilled attorney will also engage the services of trained private investigators to gather evidence, including identifying critical witnesses. In many instances, these investigators are former police officers with years of experience collecting all sorts of information.
Because New Jersey state law requires drivers to carry basic vehicle insurance coverage for bodily injury and property damage, many minor accidents are settled informally out of court between the partiesInsurance adjusters are trained to ensure that they pay as little money as possible. Our investigators and experts build cases that force insurance companies to offer our clients far more than they originally offered. When insurance companies are facing a level playing field, they’re forced to offer the true value of the claim.
Having a New Jersey personal injury lawyer on your car accident claim can help you recover a higher payout from the insurance company. A report from the Insurance Research Council found that hiring an attorney resulted in 40% higher payouts than people who chose to do it themselves. Why is that? Because insurance companies know they can take advantage of people who are not represented.
After a certain point, however, if the parties are unable to resolve the claim it becomes clear that no amount of discussion or negotiation can continue without the presence of a civil action to address lingering questions damages and negligence.
An experienced New Jersey car accident attorney is well-versed in this process and completes every stage of litigation.
Once the case is filed, the parties will commence the discovery process. During discovery, the parties exchange relevant documentation with each other. The parties also depose appropriate parties and witnesses to the case. In many cases, certain information can be withheld from production for various reasons. An experienced New Jersey personal injury attorney is well aware of how to address these issues and compel discovery during litigation.
Once discovery closes and both parties exhaust all appropriate motions to argue their case, the court will schedule a trial date. During this time, the parties will work with the court to set a trial schedule, submit motions to determine what pieces of evidence should be used during trial and which should be excluded, and commence the jury selection procedure.
During the trial, the parties will issue open statements, examine and cross-examine witnesses, introduce physical evidence, and issue closing statements to support their case. Once the trial concludes, the jury will deliberate and issue a final verdict.
Many cases these days do not reach trial due to extensive backlogs and delays. Instead, during the pretrial litigation phase of any case, the parties will commence a series of conversations explaining the merits of their case and discussing settlement options, perhaps even schedule a mediation or arbitration with a retired Judge or third party lawyer in an effort to settle the case. Typically, a settlement includes a cash payment between one party to the other. Because settlements are negotiated between the party, every settlement payment and agreement is different and many are confidential..
Since 1987, The Law Offices of Lloyd E. Bennett, Esq., P.C. has helped countless car accident victims recover the money they needed from insurance companies and negligent drivers. Our New Jersey car accident lawyers have collected tens of millions of dollars through our thorough approach. We have the knowledge, resources, and strategies to maximize our clients’ compensation, and we review every option on their behalf. With our contingency fee arrangements, our clients never pay a cent upfront. In fact, they never pay anything unless we win their case. That’s our promise. Contact us today to see if you have a car accident claim.
(201) 330-8883