Car accidents can cause serious injury and medical bills you may not be able to afford, especially if you can’t work until you recover. When your auto accident was caused by someone else’s negligence, you shouldn’t have to pay those expenses out of pocket.
Every year, more than 4 million people suffer injuries and more than 38,000 die from car accidents in the U.S. The injured and the surviving family members of lost loved ones often suffer devastating financial, physical, and emotional circumstances as a result. A car accident lawyer can help alleviate some of the burden and get car accident victims the financial compensation that they deserve. If you suffered from a car accident in which the other party is either entirely or partially responsible, you may have the opportunity to recover your losses.
2023 was a deadly year for New Jersey drivers, passengers and pedestrians alike. Out of an estimated 577 accidents involving vehicles, there were an estimated 609 fatalities. The above image shows fatal accidents by county. We can see that Middlesex County had the most accidents, and also the most fatalities in drivers. When it comes to pedestrian fatalities, Essex County comes on top.
A 2008 transportation plan revealed that the state road segments with the highest crash rates in Elizabeth, New Jersey, are:
Meanwhile, Route 129 and Lalor Street in Trenton, Mercer County, was named one of the most unsafe intersections in the United States for residents, pedestrians, and cyclists.
Yet, Route 129 is not the only local highway with a high incidence of accidents. Fatal car crashes comprise 0.36 percent of all crashes on Route 27, approximately 45 percent higher than the statewide average.
Left-turn and angle collisions are the most common types of intersection crashes. For instance, in Union County, these represented 18 percent of all crashes between 2005 and 2014.
Serious accidents can happen for various reasons, but some unsafe practices especially contribute to a higher number of collisions. For instance, 55 percent of all New Jersey crashes between 2016 and 2020 were the result of one or more of the following three factors:
Even a minor car accident leaves you slightly disheveled and unsure of what to do next. Unless you suffered severe injuries and need to wait for emergency medical services, there are a few steps you can take after a collision that ensure your safety and could help you should you need to file a lawsuit. Consider these steps:
You do not need your own documentation of evidence to file a car accident lawsuit. In a car accident case, the police, attorneys, and insurance companies all conduct independent investigations. A car wreck attorney will likely have access to an accident reconstruction expert that could help.
The two most common types of at-fault accidents are rear-end collisions and angle accidents. In a rear-end collision, the most common cause is a form of aggressive driving called tailgating. Tailgating occurs when one car follows too closely behind another car, not leaving enough distance to stop without colliding if the vehicle in front brakes abruptly. Tailgating at high speed and in a congested area is particularly dangerous and can lead to a multiple car accident.
Angle accidents have many potential causes:
Any of these actions alone can cause a serious accident. However, in combination with negligent actions, such as driving under the influence, speeding, or distracted driving, they can result in even more severe injuries or even death.
Given the speed capabilities of automobiles, the wrong conditions can lead to dangerous collisions and significant damages, sometimes catastrophic. Car accidents typically fall into two categories: impact injuries and penetrating injuries. Impact injuries occur when the body hits a part of the car’s interior, such as the steering wheel or windshield. Penetrating injuries occur when something, such as glass, penetrates the skin.
Some common injuries from car accidents include:
The point of impact in a collision can influence the type of injury. For example, rear-end accidents commonly result in whiplash, which occurs when forceful back and forth movement of the head causes tiny tears in the soft tissues of the neck. Side-impact collisions often cause concussions, among other injuries, because the driver’s head may hit the window at impact. Some injuries may result in costly long-term treatments and potential disability.
Every state mandates a minimum car insurance policy, which typically includes liability and sometimes uninsured/underinsured motorist coverage. However, the 12 no-fault states, required drivers to carry personal injury protection insurance. When a car accident occurs, no-fault insurance covers medical bills, lost income, and the cost of any services, such as household help or transportation, needed as a result of your injuries. If the accident results in death, PIP insurance will also cover funeral and burial costs.
The benefit of no-fault insurance is that it eliminates the issue of determining fault. Your PIP insurance covers you even if you are 100% at fault for the accident. However, there are some disadvantages:
Because you must have PIP insurance in a no-fault state, you must exhaust that coverage before you are eligible to file a car accident lawsuit against the other driver. Some states set a threshold for injuries that allows you to sue. For example, in New York, you can pursue a lawsuit against the other driver if your injuries include broken bones, disfigurement, full disability for 90 days, or significant or permanent limited use of a body function, system, organ, or member.
Damages refer to the losses you suffered as a result of an accident. In a car accident case, the extent of the damages directly affects the amount of compensation you can receive. More severe accidents have more significant damages. Additionally, the types of damages include compensatory and punitive.
Compensatory damages include the economic and non-economic losses that an injured person suffers from a car accident. The most common among these are:
The economic damages, which include any tangible losses, require proof in the form of medical bills, future medical treatment plans, work payment history, recent income tax returns, and any receipts or estimates for property damage. Non-economic damages are more subjective. For example, a car accident lawyer may collect your written statement and testimonies from people involved in your daily life to proven pain and suffering. Additionally, they may multiply the monetary value of your economic damages by a number between 1.5 and 5 to get a value for non-economic damages. The more severe the accident and injuries, the higher the multiplier.
The court may award punitive damages in cases involving gross negligence committed by the at-fault driver. These damages do not compensate for any losses suffered by the injuries. Instead, the court may order the defendant to pay punitive damages to the plaintiff in addition to the compensatory damages as punishment for particularly horrendous behavior. Examples of actions that may warrant punitive damages include:
Reckless or aggressive driving that leads to an accident and injury or death to another party may result in an order to pay punitive damages. However, these damages are rare.
Not all car accidents are the result of negligence. Additionally, not all negligence in a car accident falls on one party. If you share responsibility for the accident and the resulting injuries, the rule of comparative negligence allows you to still receive compensation under certain guidelines:
The comparative negligence rule requires the court to assign a percentage of fault to the plaintiff and defendant. Your percentage is then deducted from your award.
As you recover from the aftermath of a car accident, the last thing you need is to deal with insurance negotiations and accident investigation. Preparing for and going through personal injury litigation can be cumbersome and stressful, especially for someone with substantial physical injuries or someone who recently lost a loved one. If you have not already decided to hire a car accident lawyer, consider the advantages having legal representation can provide.
Most states have a two- or three-year statute of limitations for filing a lawsuit after a car accident. Wrongful death suits are typically even shorter. Additionally, the legal process is heavy in paperwork, and the tiniest mistake in the initial filing could unintentionally delay your case beyond the deadline. A car accident attorney will prepare all the paperwork and file everything you need to get started as soon as possible. They also protect your rights and ensure that you never say anything that could hurt your case. You are under no obligation to hire legal representation. However, unless you have legal experience, you may find this process overwhelming and burdensome. Having a car accident attorney represent you is a relief and an asset in your case.
Car accident lawyers understand the emotionally charged nature of car accident fallout. They offer professionalism in a situation where you may struggle to be objective. Additionally, a personal injury lawyer’s pay is typically contingent on their ability to secure a settlement or award for their client. This means that they do not get paid unless you get paid, and that alone is enough to keep them motivated to get a fair settlement as quickly as possible.
Arguably, the most important and lengthy process in a car accident case is properly valuing the damages for your claim. A car accident attorney will conduct a thorough investigation of your accident, establish what damages you suffered, and collect the evidence to support your claim for financial compensation. The non-economic damages require additional consideration and calculation, but an auto accident lawyer understands the balance between precedent and the severity of your injuries, making it easier for them to more accurately value those damages.
Can You Represent Yourself in a Car Accident Case?
At first, representing yourself in a car accident case may seem like a good idea, especially if the accident appears minor. This point of view is understandable. You may be hoping to save the cost of attorney fees and time spent in meetings.
However, while representing yourself may feel like the right choice at first, it can lead to more problems as your case progresses.
Insurance companies have powerful car accident lawyers on their side. They deal with cases of all sizes and have negotiation tactics to help them pay the lowest amount possible to the injured party.
A car accident attorney knows what strategies the insurance company uses and is prepared to get the highest settlement for your claim.
Car accidents incur different types of damages. Some are more straightforward, such as physical damage to your vehicle and injuries you sustained.
However, you deserve to receive compensation for all the damages you suffer. Some of them are more abstract but important. They can include:
Putting a numeric value on these damages can be tricky. Car accident attorneys have the knowledge required to do so, and they can calculate an accurate amount for you.
Statutes of limitations exist for filing your case. If you aren’t feeling up to the task, an auto accident attorney can handle the deadlines for you, ensuring you don’t miss important dates.
You have the right to represent yourself in a car accident case. Before you do so, however, make sure it is in your best interest. A car accident attorney may be able to help you settle your claim faster and for more money than you can by representing yourself.
Do You Always Get a Settlement From a Car Accident?
No, you will not always get a settlement from a car accident if the insurance company deems the accident your fault or you’re unable to prove that the accident wasn’t your fault.
How you obtain a settlement can depend on many factors. First, it depends on whether you live in a no-fault state. If you live in a no-fault state, then the insurance company is responsible for all of your damages, including medical bills. However, if the accident took place in a fault-based state, then you may have a right to sue the other driver and seek damages from them instead of your insurance company.
Generally, if the car crash was your fault, you are not entitled to compensation. Instead, your insurance company is responsible for the other driver’s damages. This assumes you have car insurance in the first place, as being uninsured typically means you will have to pay all of their damages out of your pocket. If you don’t have the financial resources to pay for those damages, then you will have to put up your assets.
Even if the accident wasn’t your fault, to get a settlement, you will need to prove that the other driver was at fault for the accident. If you come to a settlement negotiation without the proper documentation and evidence, you may not be able to get any compensation at all. This is why it’s so important that you document the scene of the accident immediately after it happens.
If negotiations break down during the settlement process, you have the option of taking the case to court. You will need a car accident lawyer to represent you in such a case. Usually, lawyers will only agree to take your case to court if they’re sure you can win the case. This is why most auto accident lawyers agree to get paid only if you win.
Do You Have to Go to Court For a Car Accident?
Most car accident lawsuits settle before ever reaching the trial phase. Negotiations can begin as soon as you present evidence for your claim to the defense. The more evidence you provide, the better your chances of avoiding the courtroom.
Every car accident case is unique. You cannot always predict how an insurance company will act during negotiations, which means you may end up in court, even with solid evidence for your claim. Some common reasons your case may go to trial include:
Thankfully, if you hire a personal injury attorney to handle your case, they begin preparing for trial from the start.
Settlement before trial is typically the goal in any personal injury lawsuit. Some ways you can improve your chances of receiving a fast and fair settlement include:
The car accident lawyers at Judd Shaw Injury Law can help you accurately value your claim and collect the evidence you need to reach a settlement. Contact us today for a free case evaluation.
How Do I Find a Good Car Accident Lawyer?
When you hire a car accident lawyer, you’re trusting them to provide competent legal representation and get fair compensation for your damages. Although most lawyers might agree to handle your claim, you need to find the right one for you.
You’ll benefit from making a list of questions to ask each lawyer you consider.
Will you be able to speak with your car accident attorney directly, or will office staff handle most communications? Look for a lawyer who will promptly talk to you when you have a question about your case.
How long has the attorney practiced law? Does he have trial experience? You’ll want an experienced auto accident attorney who has handled cases similar to yours and is comfortable with negotiating settlements and court trials.
Attorneys who practice general law probably don’t understand the elements of a car accident claim as well as those who focus on personal injury cases. You wouldn’t call an electrician to fix a leaky pipe; similarly, you want someone who knows the laws surrounding car accident cases.
Most personal injury cases settle without going to trial, but sometimes litigation is necessary. Your car accident attorney should be a good negotiator and have experience taking cases to court. Many attorneys advertise information about past settlements and verdicts they won for their clients.
You can look for car accident attorneys in several ways:
When you’re satisfied with the names on your list, schedule an appointment with each. Most offer free consultations, so you’ll have the opportunity to ask questions. Choose the car accident lawyer you’re most comfortable with, both on a personal level and in the confidence you have that they will successfully handle your case.
How Is Fault Determined in a Multi-Vehicle Car Accident?
Multi-vehicle accidents can be challenging to investigate. Sometimes the at-fault party is clear, and sometimes elements, such as hazardous road conditions or inclement weather, outside of negligence can fog your view of liability. An experienced auto accident attorney has access to resources and knowledge of car accident reconstruction to help find the responsible party in a multi-vehicle collision and hold them accountable.
The two common ways that accidents involving multiple vehicles occur are:
Locating the initial impact is often challenging in a multi-car collision, but police, insurance companies, and attorneys turn to the available evidence to determine who is liable.
Police are the first on the scene of an accident, along with other first responders. They collect statements from the drivers involved in the crash and include them in their reports. Typically, drivers and eyewitnesses can collectively provide enough corroborating information to establish a sequence of events leading to the original impact. Additionally, the police will report if anyone violated any laws and whether those actions contributed to the accident.
The insurance companies and car accident lawyers involved in the case will also investigate independently to collect more information. To determine fault, they may use vehicle damage and other evidence, such as skid marks and video footage. If you suffered an injury in a multi-vehicle car crash, contact Judd Shaw Injury Law to speak with a car accident attorney for a free consultation.
How Is Pain and Suffering Calculated in a Car Accident Case?
You can easily apply a monetary value to injuries using medical bills, the cost of medications, and estimations of future ongoing treatments. However, how do you calculate the mental struggle caused by physical pain? Insurance companies and attorneys have effective methods.
The insurance company will access your medical records when you file a claim for damages. If you did not seek medical attention, the insurer would likely devalue your pain and suffering using the excuse that it was not substantial enough to warrant a trip to the doctor. Additionally, if you wait too long to seek medical care, they may argue mitigation of damages, stating that your pain and suffering were an avoidable consequence of your delayed action.
Under normal circumstances, you would see a doctor immediately and receive care. The insurance company will then assess your medical costs, such as the cost of treatments and medications, photographs of your injuries, missed work days and out-of-pocket expenses for over-the-counter medicine and medical devices. They may then apply the multiplier method to calculate a monetary value for pain and suffering.
Insurance companies routinely use the multiplier method by calculating the total economic damages and multiplying it by a number to get the value of pain and suffering. They typically use any number from 1.5 to 5. A higher multiplier indicates more severe injuries.
Significant evidence your car accident attorney may use to show the value of pain and suffering includes:
The car accident attorneys at Judd Shaw Injury Law can help you understand the value of your claim and receive the compensation you deserve. Contact us today for a free case evaluation.
How Long Do I Have to File a Lawsuit After a Car Accident?
Like all personal injury cases, car accidents have a statute of limitations set by the state. The law mandates a specific timeframe in which you can file an auto accident lawsuit. Once it passes, you cannot seek compensation through the civil litigation process. The average statute of limitations for a car accident case is between two and six years from the date of the accident.
The best way to avoid missing the cut-off date to file your car accident lawsuit is to take action as soon as possible. For example, seek medical care immediately. Delaying treatment could potentially damage your health and case. For instance, the insurance company may claim you suffered avoidable complications because you waited too long to see a doctor.
Talk to a car accident attorney as soon as possible. You can file a lawsuit with your local civil court on your own. However, the paperwork can be complicated, requiring significant additional documentation. Any mistakes in the process can delay your lawsuit, possibly exceeding the statute of limitations. A car wreck lawyer will ensure the court receives your paperwork on time and with accurate information and documentation.
Insurance companies always prioritize the company’s bottom line above all else. Therefore, they sometimes resort to bad faith tactics to draw out the claim process to ensure you miss the statute of limitations to file a car accident lawsuit, leaving you with no choice but to accept a settlement. Some common bad faith tactics include:
If you suspect the insurance company of attempting any of these bad faith tactics, you may benefit from contacting an attorney at Judd Shaw Injury Law for a free consultation.
If you’ve been in a car accident, you may be wondering how to find an attorney who can help you with your case. There are a few different ways to go about this, but the best way to find an attorney who specializes in car accidents is to ask around for recommendations. Friends, family, and even co-workers may have had experience with car accident attorneys and can give you some good leads.
Another way to find car accident attorneys near you is to do a search online. This will give you a wide variety of results, but it’s important to research each one carefully before making any decisions. Make sure to read reviews and check out their websites to get a feel for their experience and expertise.
Once you’ve compiled a list of potential car wreck attorneys, you can start narrowing down your choices by considering things like divorce retainer fees and experience. Once you’ve found a few car accident attorneys that you feel comfortable with, you can set up consultations to get started on your case.
If you’ve been in an accident, you know how confusing and frustrating the process can be. Dealing with insurance companies, getting your car repaired, and dealing with the legal system can be overwhelming. That’s why it’s important to have an experienced car accident attorney on your side.
A car accident attorney near you can help you navigate the complex legal system and get the compensation you deserve. Here are some of the benefits of working with a local attorney:
A car injury attorney can help you with your injuries from a car accident. They can help you get the compensation you deserve for your medical bills, lost wages, and pain and suffering. If you were in a car accident, call a car injury attorney today to get the help you need.
If you’ve been injured in a car crash, you may be wondering if a car injury attorney can help you get compensation for your injuries. The answer is yes – even if you were at fault for the accident, an experienced car injury attorney can assist you in seeking the compensation you deserve.
A car injury attorney will know how to deal with the insurance companies and get you the best possible settlement for your injuries. They will also be able to help you if your injuries are severe and you need to file a personal injury lawsuit.
At Judd Shaw Injury Law , our car injury attorneys have extensive experience helping accident victims recover damages for their injuries. We will work tirelessly to build a strong case on your behalf and fight for the maximum compensation possible. Contact us today to schedule a free consultation. We’re here to help you get the justice and financial recovery you deserve.
There are a few key things that your car crash attorney will need in order to win your case. First, they will need a copy of the police report from the accident. This will help to establish what happened and who was at fault. They will also need any medical records related to the accident, as this will show the extent of your injuries. Finally, they will need witness statements from anyone who saw the accident happen. These items will all help to build a strong case on your behalf.
If you have been involved in a car crash, you may be wondering if a car crash attorney can help you. The answer is yes – a car crash attorney can help you with any type of car accident, whether it is a minor fender bender or a major collision.
A car crash attorney can help you by investigating the accident, gathering evidence, and negotiating with the insurance company. If necessary, they can also file a lawsuit on your behalf.
If you have been involved in a car accident, contact a car crash attorney today to see how they can help you.
If you have been involved in a car accident, whether or not there were any injuries, you may be wondering if you need to hire a car crash attorney. The answer to this question depends on a number of factors, including the severity of the accident, the extent of damage to your vehicle, and who was at fault for the accident.
If the accident was major and caused significant damage to your car or resulted in injuries, then it is probably in your best interests to hire an attorney. An experienced car crash lawyer can help you navigate the complex legal process and ensure that you receive the compensation you deserve.
Even if the accident was minor and there were no injuries, you may still want to consult with a car crash attorney from Judd Shaw Injury Law firm.
If you’ve been in an auto accident, you may need to consult with an attorney for auto accidents. There are many different types of attorneys that can help with various aspects of your case. Here are a few things to consider when choosing an attorney for your auto accident case:
Keep these things in mind when choosing an attorney for your auto accident case, and you’re sure to find the right one for you.
When you’ve been in an auto accident, it’s important to choose the right attorney to represent you. You want someone who is experienced and has a successful track record. Here are some things to look for when choosing an attorney for your auto accident case:
– Experience: Make sure the attorney you choose has experience handling auto accident cases. Ask about their success rate and whether they have taken cases to trial.
– Track record: Look at the attorney’s track record to see how they have fared in previous cases. This will give you an idea of their skill level and whether they are likely to win your case.
– Resources: Choose a car accident attorney who has the resources to investigate your case thoroughly and build a strong argument. They should have a team of investigators and experts who can help them build a strong case.
– Communication: You want an attorney who will keep you updated on the progress of your case and who will return your calls in a timely manner. You should feel like you are a priority to them.
– Passion: Choose an attorney who is passionate about getting justice for their clients. They should be committed to winning your case and getting you the compensation you deserve.
At Judd Shaw Injury Law™, we’re determined to achieve the best possible results for every injury victim we help. That’s why we introduced the Judd Shaw Way—a 5-point promise that helps ensure every client receives the highest level of service available.
We’re proud to fight for injured car accident survivors throughout New Jersey. Our New Jersey office is located in Red Bank. However, we’ve helped clients throughout New Jersey, whether that’s Northern, Central, Pine Barrens, Southwest, and Coastal, NJ, or anywhere in New York City, including the Bronx, Brooklyn, Manhattan, Queens, and Staten Island. Our car accident attorneys can also help clients throughout New York State.
Contact our New Jersey car accident lawyers to get started now—just dial [phone] or complete the free online form on this page. With convenient office locations in New Jersey , you’re never far from the experienced legal help you deserve.
Have trouble commuting or traveling to an office? At Judd Shaw Injury Law™, we’re able to serve you from the comfort of your home or another remote location. Through virtual meetings and electronic signing technology, our car accident lawyers can take your call, open your claim and get you started with the medical treatment you need.
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