Brandon J. Broderick, Attorney at Law can step in and handle everything so you can focus on healing. Our team of experienced car accident attorneys will work with you to achieve the settlement that you deserve. We will do everything possible to defend your rights and will work with you by your side to help you through such a trying time. Contact Brandon J. Broderick, Attorney, at Law, for a free consultation. With our proven track record of success and our commitment to client care, we can turn your setback into a comeback.
The immediate moments after a car accident can be scary and confusing for car accident victims. Preparing ahead of time for an emergency is your best bet to remaining calm immediately after an accident. Here are a few important tips that you want to heed if and when you are involved in a motor vehicle accident and these include the following:
It's always a good idea to keep a notepad and pen, and disposable camera inside your glove box in case you don't have a cell phone handy. Make sure to call the police and get an accident report. And, it's not a wise idea to avoid the insurance agencies and instead accept a cash offer from the other party. You may have no idea as to the extent of your injuries or the property damage to your vehicle. Hiring a NJ car accident attorney may ultimately enable you to collect far more compensation from the other party than if you tried to handle it on your own.
Witness statements, accident reports, medical records, and victim testimony are all highly effective and typical types of evidence in a car crash case. Obtaining witness testimony is crucial if you are pursuing a case against the driver who caused the accident. Witnesses can provide vital evidence showing negligence on behalf of the other driver, which will help you receive damages for your medical bills and losses.
Many types of evidence from an automobile accident can be collected in electronic form. Photographs of the crash scene and/or of skid marks on the road might be taken with a digital camera. If a traffic light was ignored, nearby traffic cams might have captured that violation. Other witnesses may have captured the crash on their cell phones. Expert testimony can be used to interpret cellular data and determine whether a defendant was likely on his or her smartphone at the time of a collision.
This is a common question we hear, but not a very easy one to answer. All motor vehicle accidents are unique, and the value of your claim will depend on the facts and circumstances involved. Generally, we help our clients pursue the maximum compensation possible for all damages resulting from their accident.
Economic Damages refers to the compensation you can receive for the loss of money caused by the automobile accident. Non-monetary harm caused by your accident (e.g. pain and suffering) and punitive damages are not included in economic damages. In personal injury cases, a successful plaintiff receives one economic damages award. In other words, you only get paid once for all of your money losses - both past and future. Past economic damages refer to financial losses you already have incurred at the time of the award. Because you have already incurred these costs at the time of the award, past economic damages are normally easy to calculate - usually by looking at your bills. Examples of past economic damages include
Calculating your future economic damages can be complex and offer require experts. Medical experts may be needed to determine the severity of an injury and what could be expected for a long-term prognosis. An economist or labor expert may be needed to calculate the loss of an income and projected income over a long period of time. Hiring a personal injury lawyer to navigate this complexity and ensure your best interest is important, especially in cases with serious long-term injuries. Examples of future economic damages include:
Pain and suffering refers to the physical and/or emotional stress associated with an accident and the injuries caused by it. For example, if a driver suffered a burn injury, the driver would probably recover money for the agony of enduring the injury itself, the associated treatment, the discomfort it caused, and any limitations imposed on the claimant's lifestyle. The driver would also likely recover money for the stress and limitations associated with being permanently injured.
There are no specific rules around how pain and suffering is calculated in a claim. Insurance companies ands car accident lawyers look at the severity and permanency of your bodily injuries. Other factors include the long-term effect on lifestyle factors like sleep, the daily living routine, as well as relationships in home and work environments.
Because of the complexity and judgment required to estimate pain and suffering, a skilled car accident attorney is imperative to get the compensation you deserve. Their experience will help to be prepared to explain and justify your calculation.
In order to determine who the "at fault" driver is, it is important to look at the circumstances of how that particular car accident played out. Sometimes; for example, in the case of someone running a stop sign and broadsiding another vehicle, it can be easy to determine who is at fault, but other times it's not as easy. In the auto insurance industry, comparative negligence refers to the degree of fault each individual involved in an accident has contributed to the cause of the crash. An experienced car accident lawyer will spend significant time uncovering and building evidence to prove liability for your claim.
Under the no-fault system, your own insurance company first pays medical expenses and other losses arising out of the automobile accident. Depending on the type of insurance you have, your rights to file a lawsuit after a car accident could be limited. A no-fault policy limits your right to sue for pain and suffering unless in the most serious injuries.
If you have a Standard insurance policy, you have the option of choosing an unlimited right to sue which means that you retain the right to sue the person who caused the accident for pain and suffering for any injury. Or you can choose a limited right to sue which means that you agree not to sue the person who caused the accident for your pain and suffering unless you sustained permanent injuries. On a Basic insurance policy, you only have a limited right to sue.
New York requires drivers to have no-fault coverage for personal injury protection. You can request reimbursement for lost wages and medical costs resulting from the accident. You can also use these funds to cover the cost of travel to and from medical appointments, home health aides and therapists, as well as other related expenses. However, you must act quickly after an accident.
You must act within 30 days of the accident to claim reimbursement under your no-fault personal injury policy. If the insurer accepts your claim, the company will reimburse your costs up to the policy limits:
Legal responsibility for a car accident usually boils down to whether the person or entity at fault acted negligently in causing the car crash. In some cases, such as a drunk driving accident, it can be easily established that the act of criminal negligence is what caused the accident and the person should be held liable for the damages. There are other situations, however, when the negligent acts of another are not quite as black and white, yet the responsible party still should be held accountable.
Legal Duty. All New Jersey drivers have a legal duty to everyone else on the road, including other drivers, bicyclists, and pedestrians. That duty requires drivers to operate their vehicles in a reasonably safe manner that will avoid accidents and injuries to others.
If you are filing a claim with your own insurance carrier under collision coverage, comparative negligence doesn't apply. On the other hand, if you intend to pursue a claim against the other driver's policy, their insurance company will determine whether you were partially to blame for the accident.
The New Jersey law does not list any specific guidelines for assessing fault in an automobile accident claim. Instead, the amount of fault is determined on a case-by-case basis, and it all depends on the circumstances of the accident.
Under the Comparative Negligence Act, insurance carriers are allowed to determine liability for an accident based on the relative fault of the involved parties. Once the insurer reviews the facts of the case, it assigns a percentage of liability upon the parties involved.
While some car accidents are caused by bad weather conditions, the highest percentage involve the recklessness of other motorists, such as drunk driving accidents, distracted or negligent driving, speeding and reckless driving, or fatigued vehicle operators. Distracted driving can also mean that a driver was engaging in actions such as texting while driving, or other activities that affect their ability to control their vehicle. Other causes could include defective auto products or a vehicle that has not been well maintained. Being involved in an auto accident can be not only painful and traumatic, but it can also cost you lost income if you've been impaired physically and can no longer work.
More than 10,000 people are killed in drunk driving accidents every year. This includes almost 2,000 New Jersey residents killed in a 10-year period, according to the CDC. The legal system heavily punishes those who are caught drinking and driving, and if you or a loved one has been injured by a drunk driver, you should act now to pursue damages against the driver responsible for the car accident.
When a drunk driver causes an accident in New Jersey, the driver will likely have legal liability to anyone his actions injure. Whether you were a passenger in the same vehicle as a drunk driver, if you were in another car, or if you were a pedestrian, you can file a lawsuit in order to obtain financial compensation for your injuries, or a wrongful death claim if you lost a family member. Your personal injury lawsuit will be targeted at recovering sufficient financial compensation to pay for all your expenses arising from the drunk driving accident. 041b061a72