Injuries and accidents happen all the time, and those responsible should be brought to justice even if criminal charges are not possible. An attorney can help you file a personal injury case to recover compensation for your numerous damages. The sooner you get started, the better.
Exactly how valuable your claims are will depend on various factors around your case. The magnitude of your injuries, the strength of our evidence, and whether you have long-term medical complications may be important in determining damages. It is not unusual for several people, including the plaintiff, to share blame. In that case, you may still recover damages if your fault does not exceed 50% of the total responsibility for the accident.
Our personal injury attorneys with Agrapidis & Maroules, P.C. can offer a free case review to begin when you call (201) 777-1111.
How to Get Financial Compensation for Personal Injuries
After an accident, an attorney can help you get financial compensation for your damages. The approach we take may vary depending on your specific circumstances, and you may have several legal options to consider.
Dealing with Insurance
One way that many injured victims recover compensation is by filing insurance claims. If you have insurance, does it cover the costs of your accident and any resulting injuries? If you do not have insurance, does the person responsible for the accident have it? If so, we might file a third-party claim against their liability coverage.
Our personal injury attorneys may need to help you coordinate insurance benefits if you must file multiple claims. This is common in cases where one insurance provider pays first and another pays second.
Private Settlements
You might instead negotiate a private settlement with the defendant to cover your damages without the need for a lengthy civil trial.
When working out a settlement, you should be prepared to receive somewhat less compensation than what your claims are worth. Usually, defendants agree to pay some of your damages in exchange for the plaintiff dropping the case. The size of your settlement may depend on your evidence and negotiation tactics.
Civil Trials
You can receive the full extent of your damages if you win a civil personal injury case. If we successfully prove all your damages in court and prove that the defendant is liable, the court can order them to pay for everything.
While trials can help you get all the compensation you deserve, they tend to take a long time and can be very frustrating. Even so, it is worth discussing with your lawyer.
Often, a civil trial is the only way to get compensation. Insurance might be unavailable, and the defendant might be unwilling to settle. If you win in court, they cannot refuse to pay and may be subject to legal penalties if they do.
Factors That Influence the Value of Your Rutherford Personal Injury Case
To get you all the compensation you deserve, we must understand the factors around your case that may influence how much your claims are worth.
A major factor is the severity of injuries and damages. Typically, those with more severe injuries may claim greater damages. You are likely to have bigger hospital bills and greater pain, and your injuries may take a greater toll on other areas of your life.
Next, we must consider the strength of our evidence. Stronger evidence tends to lead to greater compensation because defendants have less room to dispute anything. In some cases, evidence is so strong that defendants agree to pay for damages because they know they will lose in court.
Complications caused by the accident may also lead to higher damages. If your injuries leave you unable to work, we can claim lost income. If you have long-term medical needs, we can claim future medical costs.
What if I am Partially Responsible for My Injuries?
Sometimes, plaintiffs bear a little bit of blame for their injuries. Generally, this should not prevent you from pursuing a personal injury case, but it might affect your damages.
If the defendant argues that you are partially at fault, the court may apply modified comparative negligence laws under N.J.S.A. § 2A:15-5.1. In short, your damages may be reduced according to your share of blame. If you are 10% responsible, your damages may be reduced by 10%.
Ultimately, you must be no more than 50% responsible. If you are more than 50% responsible for the accident, you may be barred from recovery.
Additionally, the defendant must back up their claims with evidence. If they lack evidence to prove you are partially at fault for the accident, the court may not reduce your damages.
How Attorneys Get Paid for Personal Injury Cases in Rutherford
A major concern among plaintiffs is how to pay their attorneys. While legal fees are an inevitable part of the judicial process, they should not deter you from seeking help from a qualified lawyer.
Many attorneys charge an hourly fee for their services. They and their support staff should keep track of how much time they put into your case, including drafting paperwork, legal research, and time in court. You should also be given itemized bills that explain how much time was spent on your case.
Many other attorneys charge contingency fees, where they are paid only if a specific outcome is achieved. For example, your lawyer might only charge you for their services if they win the case. As such, this form of payment is often preferred among plaintiffs.
Flat rates are possible, but they are more common in cases where the legal services rendered are more limited. For example, if you only need some paperwork prepared or some other quick service, you might pay a flat fee.
Contact Our Rutherford Personal Injury Lawyer
Our personal injury attorneys with Agrapidis & Maroules, P.C. can offer a free case review to begin when you call (201) 777-1111.