Car accidents are common, and some people might be badly hurt while others emerge with only minor injuries. Whether your injuries are life-altering or easily treatable, you should contact a lawyer for help. You might have high costs to contend with, and the at-fault driver should have to pay you fair compensation.
You may have several legal options for getting compensation, the most common choice among drivers being insurance claims. New Jersey is a no-fault state for auto insurance, meaning drivers typically file first-party claims with their own no-fault coverage. If this is insufficient, you may file claims with the at-fault driver’s liability coverage or pursue a lawsuit. When proving your claims, we need evidence of the crash, possibly including witnesses, photos, video footage, and medical information about your injuries.
Ask our car accident attorneys for a free case evaluation when you call Agrapidis & Maroules, P.C. at (201) 777-1111.
How Do I Get Financial Compensation After a Car Accident in Cliffside Park?
Having a qualified lawyer by your side may put you in a better position to argue for the compensation you rightfully deserve. How your attorney helps you get compensation may vary based on the options available.
Insurance Claims
After car accidents, insurance claims are very often the first course of action for injured drivers. New Jersey requires drivers to have no-fault insurance coverage, and they typically file first-party claims with their own policy without having to prove who caused the collision.
If your no-fault coverage does not cover all your damages, you may be able to file a third-party claim with the at-fault driver’s liability coverage. If you do, you must prove to the insurance company that the other driver is responsible for the accident before your claim can be approved.
Personal Injury Lawsuits
Filing a lawsuit for a car accident may be possible, but New Jersey’s no-fault car insurance laws make the process somewhat tricky. When purchasing auto insurance, drivers must elect a limited or unlimited right to sue.
With a limited right to sue, you may only sue for “serious injuries.” Such injuries include dismemberment, significant disfigurement, death, displaced fractures, loss of a fetus, or another permanent injury.
With an unlimited right to sue, our car accident attorneys may help you file a lawsuit after a car accident for any injury, even if it is not considered a serious injury as described above.
Settlement Negotiations
You may get the compensation you need by agreeing to a settlement with the defendant. Settlements are negotiated outside of court and may involve evidence and information that would normally be inadmissible in a lawsuit.
The defendant may agree to pay you compensation and, in exchange, you must drop your lawsuit and waive your right to file your claims. The amount of compensation you receive depends on what happens during negotiations, and you may need to be ready to compromise.
Who May Be Held Responsible for a Car Accident?
Numerous people or entities may be held responsible for a car accident. While many cases involve a negligent driver, others might involve multiple drivers, including you.
Another Driver
In arguably most cases, an injured plaintiff will sue one other driver in the accident. If only one other driver was involved in the collisions, it may be clear from the start who is responsible. Even so, the police may need to investigate, and the vehicles should be inspected to determine if anything else could have caused the accident.
Remember, the other driver does not necessarily have to be purposefully reckless or careless to be held responsible. Often, negligent drivers do not mean any harm and do not even realize their actions are negligent until after the accident.
Multiple Drivers
In some cases, multiple drivers share responsibility for a vehicle accident. For example, you might be stopped at a red light when a vehicle behind you rear-ends your car, pushing you into the intersection where another driver T-bones you. Depending on the circumstances, it may be possible to sue the driver who rear-ended you and the driver who T-boned you.
Shared Responsibility
While it can be difficult to admit, you might share a small portion of blame for the accident. This is not uncommon, and many plaintiffs share fault with defendants. You may still sue the other driver for damages, but your damages may be reduced.
The jury may determine whether you share blame for the accident, and your damages may be reduced according to your share of fault. If you are deemed 10% responsible, you may lose 10% of your overall damages. However, if you are more than 50% responsible, you cannot recover any damages.
FAQs About Car Accident Cases and Legal Claims in Cliffside Park
Should I Call the Police After a Car Accident?
Yes. If the accident is serious, call 911 and ask for medical personnel and the police to be sent to your location. Even if the accident is minor and you do not need an ambulance, you should still report it to the police so they can investigate and prepare a report.
When Should I Talk to a Lawyer About My Car Accident in Cliffside Park?
You should ask a lawyer for help as soon as possible, preferably shortly after receiving medical treatment. In New Jersey, injured victims seeking to file personal injury lawsuits only have 2 years from the day they were injured to do so.
What Damages Can I Claim in a Car Accident Lawsuit?
You may claim damages related to the financial costs of the accident and the emotional, physical, and psychological toll. For example, many injured drivers claim medical bills, property damage, and lost income if they cannot work after the crash. They also commonly claim damages for physical pain, emotional distress, and psychological injuries.
Is it Better to File a Car Insurance Claim or Sue the Other Driver After an Accident?
Whether insurance or a lawsuit is the better option depends on your specific needs after your accident and what is available. Some drivers find that all their damages are automatically covered by insurance, and there is no need to pursue a lawsuit. Others might have much greater damages or injuries that are not covered by the insurance policy, and a lawsuit may be necessary.
Can I Sue for a Car Accident in Cliffside Park if I am Somewhat Responsible?
Yes. It is somewhat common for both drivers involved in an accident to share blame, but that does not necessarily stop you from filing a lawsuit. If the jury determines that you are indeed partially responsible, your damages may be reduced, but you may still win and receive compensation. However, if you are more than 50% responsible, you may not recover any damages.
Ask Our Car Accident Attorneys in Cliffside Park to Review Your Claims
Ask our car accident attorneys for a free case evaluation when you call Agrapidis & Maroules, P.C. at (201) 777-1111.