New Jersey Car Accident Lawyer
Experienced New Jersey Car Accident Lawyer Ready to Advocate for Injury Victims
Car crashes catch you by surprise. Whether the incident is a minor fender bender or a major wreck, there will be consequences and possibly personal injuries. If you suffered injuries in a car accident, you should speak to an experienced New Jersey car accident lawyer about your claim.
In many cases, car crash victims can recover damages that will cover medical expenses, lost wages, pain, and suffering. The compensation that you can recover can help you and your family get through a challenging time.
The experienced personal injury lawyers at Gelman Law, LLC understand how devastating the impact of a collision can be for an injury victim. Our attorneys will work with you to evaluate your case and determine your best strategy for pursuing a legal claim.
Common Causes of Car Crashes in New Jersey
Unfortunately, many car accidents only take place because of irresponsible drivers. In fact, motorists cause the vast majority of collisions by behaving negligently. Some common have errors that lead to accidents include the following:
- Drunk driving
- Distracted driving
- Reckless driving
- Driving under the influence of drugs
- Violating other traffic-related laws and regulations
Sometimes, road conditions and bad weather also contribute to accidents. However, even in these cases, drivers often could have behaved more cautiously by slowing down. Drivers should remember that the speed limit is a maximum and that the law requires that motorists travel at a speed that is safe for road conditions.
Injuries Caused in Car Crashes in New Jersey
Car crash-related injuries range in severity, but even harm that many people consider minor can have long-lasting negative impacts on a person’s life. More severe crashes can lead to life-altering injuries, including paralysis and permanent brain damage. Sadly, collisions are common in New Jersey and frequently cause tragic results.
Common injuries victims suffer in crashes include:
- Broken bones
- Neck injuries
- Back injuries
- Spinal cord injuries
- Internal bleeding
- Organ damage
- Traumatic brain injuries
- Chest injuries
- Knee injuries
Collisions may also lead to lacerations, scars, and permanent disfigurement. Even if these injuries heal, they can have a lasting psychological impact on the victim. In the case of the most severe injuries, victims often require lifelong medical care, surgery, and assistance from a caregiver. Minor injuries frequently lead to a need for rehabilitative care, such as physical therapy. Physical therapy is an expensive form of treatment that can place a financial burden on the injured person and their family.
Establishing Negligence in New Jersey Car Accidents
A successful car accident lawsuit will require that the plaintiff prove that the defendant behaved negligently. One of the elements of negligence is that the defendant owed the plaintiff a duty to behave as a reasonably cautious person. In the case of vehicle accidents, every driver owes everyone on the road a duty to operate their vehicle with a reasonable level of caution.
If a driver violated a traffic-related law or otherwise drove without proper regard for road safety, anyone injured because of that driver’s behavior might have a claim for damages.
Comparative Negligence in Collisions in New Jersey
One issue that often impacts car crash-related injury lawsuits is comparative negligence. Collisions often involve more than one driver who behaved negligently. Although one driver may be more at fault, another motorist might have traveled slightly above the speed limit or otherwise contributed to the cause or severity of the wreck.
Fortunately, in New Jersey, if you suffer injuries in a car accident but your own actions also contributed to the incident, you might still be able to collect compensation for damages. Under New Jersey’s Comparative Negligence law, an individual’s fault for the accident cannot be more than the individual from whom damages are sought. Therefore, recovery of damages is permitted when each person in a 2 car accident is 50% at fault, but not if you are more at fault than the other person. A pure comparative negligence state would allow an injured driver to recover damages even if that person was 99 percent at fault for the crash. However, states like New Jersey that practice pure comparative negligence have the opposite policy.
As long as a driver in New Jersey is 50 percent at fault or less, courts will allow that injured individual to recover damages from the other driver who was 50 percent or more at fault. The damage in these cases will reflect a reduction based on the victim’s share fault. For example, if you suffered injuries in a collision where the court found you 40 percent at fault, you could recover 60 percent of your total losses. If the case led to $100,000 of damages, then you could recover $60,000.
Contact an Experienced New Jersey Car Accident Lawyer at Gelman Law, LLC for a Free Consultation Today
At Gelman Law, LLC, our compassionate injury attorneys understand how important your claim is for you and your loved ones. We will advocate on your behalf and help you navigate the court system. If you sustained injuries in a car crash, call Gelman Law, LLC today to discuss your legal options with a dedicated New Jersey car accident lawyer.
Frequently Asked Questions (FAQs) About Car Accident Claims in New Jersey
Car accidents can be frustrating and confusing. If you were in a wreck, you likely have some of the following questions.
The two main types of damages are economic and non-economic. Economic damages refer to actual losses related to your injuries. For instance, if you spent time in the hospital, underwent surgery, or needed physical therapy, you can recover compensation for those losses. Economic damages also include your lost wages if you missed time at work.
In a successful claim, you can also collect non-economic damages that cover your pain and suffering. In rare cases, the court will award punitive damages to penalize the defendant for particularly egregious behavior. For instance, if a drunk driver caused your injuries, you might have an opportunity to collect punitive damages.
Insurers will often offer to pay a settlement after a car crash when their insured is at fault. However, the company is looking to save money and will frequently make an offer that is far lower than that which you might be able to collect if you hire a New Jersey car accident lawyer who negotiates on your behalf.
It is wise to use caution when speaking to an insurance company about an accident. Your own insurance company might also attempt to place a lower value on your claim in some cases. New Jersey’s no-fault insurance means that your insurer will pay many of your injury-related costs. However, insurance companies do not want to pay large amounts, even if the injured person is their client. It is always advisable to speak with an experienced attorney before speaking with an insurance company in order to protect your rights and compensation.
The statute of limitations in New Jersey is two years. You cannot file a claim if you wait too long, so contact an attorney right away.