People are injured in serious accidents more often than you might realize. Many mistakenly believe that they have to accept the consequences of an accident, but this is not true. An attorney can help you file a personal injury case against those responsible and get you fair financial compensation.
Starting a personal injury civil case requires preparing and filing a formal complaint. This is a lengthy process, and we need as much time as possible to gather the information and evidence we need. Once we file the complaint, we must notify the defendant so they can respond, and the case begins. Evidence might come from various places, depending on your situation. Common pieces of evidence involve photos of the accident, witness testimony, security camera videos, and more. Significant compensation may be at stake, and we need as much evidence as possible to support your claims.
Call Agrapidis & Maroules, P.C. at (201) 777-1111 and ask for a free, private claims assessment from our personal injury lawyers to get started.
How to Start a Personal Injury Case
Not many people know how to start a personal injury case, or any other lawsuit for that matter. Your first step toward taking your claims to court is to hire a lawyer. Personal injury law covers a vast assortment of claims, and you should hire a lawyer who knows how to handle personal injury cases similar to yours.
Your attorney can begin by gathering information to file a formal complaint. Our personal injury attorneys need details about you, the defendant, the accident, your damages, and evidence to support your claims. We do not need all possible evidence when we file the complaint. We only need enough to show that your claims are legally valid.
Once the complaint is ready, we must file it with the right court. Not all civil courts are the same, and we must make sure to file the case in the court with jurisdiction over your claims. Additionally, we must notify the defendant when we file the case so they can respond. If we fail to notify the defendant, the entire case could be thrown out.
Evidence to Prove Your Personal Injury Claims in New Milford
Proving claims in a court of law is no easy task, and must be able to prove your claims by a preponderance of the evidence, meaning it is more likely than not that the defendant is liable.
You can begin gathering evidence right after the accident while you wait for help. You can take photos of the accident scene, including your injuries, damaged property, and the surrounding area. These photos may reveal details that would otherwise be lost after the accident scene is cleared away.
Even if we do not have photos or videos of the accident scene, we can still recreate it in the courtroom using testimony. People who were present when you were injured may testify as witnesses and provide unique and important insight. Your testimony may also be crucial, as only you can talk about how the accident affected you.
Depending on where your accident occurred, there may have been security cameras monitoring the area. If that is the case, we may be able to get footage of the accident, which can be very powerful and persuasive in court. We should act quickly, as the footage may be easily deleted or erased.
Recovering Personal Injury Damages
Damages can be difficult to determine, as they may be extensive and worth significantly more than you initially think. In personal injury cases, damages commonly include medical bills, property damage, lost income, pain, and suffering.
Medical Expenses
Personal injury cases must involve a claim for bodily harm. As such, plaintiffs often have big hospital bills to claim as part of their damages. The more serious your injuries, the larger your hospital bills are likely to be.
In some cases, plaintiffs have such severe injuries that their medical needs extend past the duration of their personal injury case. To make sure that you get all your medical damages compensated, we can estimate how much your future medical care will cost and add it to your current damages.
Property and Income
Depending on where and how the accident occurred, you may have lost property or personal items, which can be expensive to repair or replace. In a car accident case, you may claim the cost of vehicle repairs. You might also claim the value of damaged personal items that were inside your car. Property damage may vary from case to case, and you should take a thorough accounting of everything you lost, no matter how small.
Pain and Suffering
Some damages are harder to quantify than others. Non-economic damages like physical pain from your injuries and mental distress or suffering often cannot be proven with evidence of how much they cost. Since these damages are highly subjective, the jury may have the final word on what kind of compensation they are worth.
A few common examples of non-economic damages include pain, suffering, humiliation, the loss of enjoyment of your life, the loss of your career, and possibly more.
The Right Time to File a Personal Injury Case in New Milford
It is smart to call a lawyer for help as soon as you can. Even if you do not know whether you want to take legal action, an attorney can help you review your options and make a more informed decision. Also, your time to file a lawsuit is limited, and the sooner you start, the more time your attorney has to prepare.
The statute of limitations for personal injury cases in New Jersey is described under N.J.S.A. § 2A:14-2(a) and gives you 2 years to file a case. This time typically begins on the day of the accident, but this may vary depending on your circumstances.
It may be possible to have the statute tolled, pushing back the date when your cause of action accrues. For example, if you were a minor when you were injured, the statute of limitations may be tolled to begin from when you turn 18 rather than the day of the accident.
Speak to Our New Milford Personal Injury Attorneys for Legal Help
Call Agrapidis & Maroules, P.C. at (201) 777-1111 and ask for a free, private claims assessment from our personal injury lawyers to get started.