Car accidents result in serious injuries that can leave the victims with disabilities and a reduced quality of life.
To make matters even more confusing, there are dozens of laws that apply to car accidents, because each accident is unique and different laws may be applied to different situations.
We’ll navigate the many NJ car accident laws that apply to your situation, and we’ll fight to recover compensation for your injuries and other losses.
Contact us today to schedule a free consultation. Call 856-284-6446
One of our goals will be to prove that the other driver or party was negligent, so you get maximum compensation for your injuries.
The four elements that a plaintiff must prove to win a negligence suit are:
1) Duty: In this case, the other driver is expected to drive their car safely and with a certain level of due care.
2) Breach of Duty: We’ll fight to show that the other driver breached this duty by acting irresponsibly.
3) Causation: It’s our responsibility to prove that the other driver’s negligence actually caused your injury.
4) Harm and or damages: The final element of a car accident case is damages. The court must be able to compensate you for your injury through monetary compensation.
Typical types of driver or party negligence are:
- Driver errors: distracted, drunk or under the influence of drugs, and general reckless driving
- Manufacturer negligence: defective auto parts
- Other negligence: failure to maintain safe roads, hidden stop signs, etc.
What a Bergen County Car Accident Lawyer Can Do For You
Car accidents aren’t planned, but they can and usually do turn your life upside down.
You may have injuries that require ongoing medical treatment or that may prevent you from returning to work.
Some people even develop anxiety or depression and are unable to function as they did before their car accident.
Car accidents can also put a serious strain on your finances.
Treatment and rehabilitation after an injury will be expensive, and you may not be able to return to work to recoup your losses or keep up with your expenses.
The Bergen County car accident attorneys at Rosengard Law Group are committed to providing car accident victims with compassionate and effective legal representation.
With years of experience representing victims of car accidents, we will provide you with legal solutions that are tailored to meet your specific needs. And, if needed, we will take your case to trial and fight for maximum compensation.
The Rosengard Law Group Bergen County car accident lawyers:
- Give your case the personalized attention it deserves
- Evaluate your claim and represent you in negotiations and lawsuits free of charge
- Fight to recover the compensation you deserve
- Investigate your case thoroughly, prepare and file your claim
- Prepare your settlement agreement to suit your current and future needs
Our team of experienced and skilled staff will give your case the dedication it deserves right from the start.
We won’t charge you a single cent for our services.
Our fees will only be paid as a percentage of the compensation you receive, because you should focus on your health and getting your life back on track without worrying about legal fees or following up on your claim.
Contact us today for a free case evaluation. Call 856-284-6446
Types of Compensation We Pursue
As an injury victim, you are entitled to receive different forms of compensation for your injuries and financial losses. During your FREE INITIAL CONSULTATION, your Bergen County car accident lawyer will discuss the different types of compensation you may be entitled to collect.
There are several different types of compensation. You may receive benefits from one or more of the following:
Medical Expenses Current and Future
All compensation packages will include the cost of your medical care for the injuries. If you require future medical care for your injuries, this expense will also be included in your compensation package. This applies to any future therapy, treatments, operations, or long-term care.
Lost Wages and Benefits
You are entitled to receive compensation for all of the time you missed at work. This will include all of your lost wages and any employer-paid benefits that you were entitled to receive during the time you were off of work.
Future Earning Capacity
If your injuries leave you unable to return to work, or if you have to return at a lesser capacity to accommodate your injuries, you will be compensated. Your attorney will calculate all of your potential lost earnings in the future up until your potential retirement date or such a time that you can return to work at full capacity.
Expenses Related to Your Bergen County Car Accident and Injuries
There are many expenses that may be directly related to your accident and injury. Some of these expenses include:
- Replacement of broken glasses or dental work from the accident
- Cost of mileage to and from all medical appointments
- Cost of over-the-counter products required for your medical care per your care provider
- Cost to make changes to your home or vehicle to accommodate your injury
Cost of Services
Everyone has responsibilities around their home that they are personally responsible for each day. These responsibilities can include child or elderly care, home or auto repairs, law cutting, house cleaning, walking the dog, and even buying groceries. If you have had to pay someone to cover these responsibilities because of your injury, your lawyer will seek compensation for your expenses.
Loss of Companionship
Injuries affect lives in many different ways. If your injury has changed the way that you can interact with your spouse or other dependent family members, you are entitled to compensation. If the interaction between you and your spouse will be changed for a long time, your attorney may also file a separate lawsuit on behalf of your spouse for loss of companionship as well.
Pain and Suffering
Pain and suffering are non-economic damages that will vary greatly for each case. Your attorney is experienced in this area of compensation and will know what to ask for in terms of compensation for pain and suffering. The attorney will use the information provided by you as well as your medical care providers to help come up with a fair amount of compensation under this category.
You may also be entitled to additional benefits and forms of compensation. Your Bergen County car accident lawyer will discuss with you in-depth the types of compensation they will seek on your behalf.
Understanding Bergen County NJ Car Accident Laws and Insurance
There are various laws that apply to car accidents in New Jersey. Understanding the laws that apply to your case will help you better understand your options and rights.
New Jersey Auto Insurance Requirements
New Jersey is a ‘No Fault Insurance’ state. This means that if you are involved in a car accident, your own insurance policy will pay for the injuries sustained in the accident as well as the damage to your vehicle.
This law applies no matter who caused the accident.
Despite this no fault law, every driver is still required to carry auto insurance. If they are found liable for an accident, their insurance ought to cover the injuries and damages resulting from the accident.
Bergen County New Jersey State law dictates the minimum coverage that any driver can have. A Bergen County car accident attorney will know the ins and outs of your policy.
Your car accident insurance policy must offer:
Personal Injury Protection (PIP)
Your PIP policy should offer coverage of at least $15,000 per person per accident for all people covered under the policy.
Bodily Injury Liability
Your policy should offer coverage of at least $15,000 for each person covered under the policy. It should also provide coverage of at least $30,000 for every individual injured in the accident if it was caused by you.
Property Damage Liability
Your policy should provide not less than $5000 as coverage for property damage that results from an accident that you have been held liable for.
These are the minimums required for car insurance in New Jersey. You can, however, opt for greater cover.
For example, while you are not required to carry Underinsured/ Uninsured, comprehensive or collision coverage, you may choose to have the coverage that suits you.
It is important to consider the consequences of each type of insurance cover you are considering.
For example, if you are injured in a car accident caused by another driver who only has basic insurance cover, you will most likely need much more compensation than their insurer can provide you with. Get in touch with an experienced Bergen County car accident lawyer to find out what your options are to recover adequate compensation to cover your expenses and losses.
Reporting a Car or Commercial Truck Accident
Official police reports on car accidents are pivotal to establishing fault. It is therefore important to report your car accident to the local authorities as soon as possible.
New Jersey law requires all motor vehicle accidents resulting in death, injury, or property damage amounting to more than $500 be reported to the police.
The easiest way to report a car accident is to call it in immediately. You may choose to call 911 or your local police department directly. The advantage of calling it in is that the police will preserve and gather evidence at the scene of the accident.
Gathering evidence includes taking photos of the scene and talking to eyewitnesses.
You will also not have to make a written report of the truck accident if a law enforcement officer has already done so.
There are some instances when victims are unable to report the accident immediately. If you are unable to report the accident to the police immediately (e.g. if you are incapacitated in the hospital), you will need to make a written report within 10 days of the collision.
If you have been involved in a collision, get in touch with a Bergen County car accident lawyer from our firm. We’ll investigate your claim to ensure that a proper police report was made and help you determine the next steps to take.
Statute of Limitations
There is a statute of limitations set for filing a car accident lawsuit. You should have filed your lawsuit within two years of the accident. The clock starts ticking from the date of the accident. If you file your lawsuit after the statute of limitations has elapsed, the court will most likely dismiss your case.
There are rare exceptions to this requirement. It is a good idea to talk to a Bergen County car accident lawyer to know your options if the statute of limitations has passed on your case. You may still be able to recover compensation for your injuries and other losses.
New Jersey applies a modified comparative fault rule. Under this rule, the actions of both parties involved in the accident are considered. The extent to which the actions contributed to the accident is evaluated and the fault is apportioned to each party. Both parties can, therefore, be found to share blame for the accident.
The total amount the plaintiff is awarded as compensation for their injuries and losses is dependent on the percentage of a fault that belongs to the parties involved. The compensation awarded will be reduced by a percentage equal to the share of fault the plaintiff has in causing the accident.
If for example, you were found to be 20% responsible for the car accident as you were driving at the speed limit on a rainy day, you will only be awarded 80% of the total compensation.
Speak With A Bergen County Car Accident Lawyer Today. For FREE
You probably did not even see the car accident coming until the very last second when it was too late to prevent it from happening. Now, after that devastating moment, you are facing hardships that you never thought possible. You are dealing with injuries that have changed the way you live your life. You are also coping with the stress of lost income because your injuries prevent you from working. To add to all of this chaos, you are emotionally overwhelmed.
What are your options? Do you just deal with all of this stress and all of the grief that the car insurance company is giving you about your claim? The answer is no. What you need to do immediately is speak with a Bergen County car accident lawyer.
Speaking with a Bergen County car accident attorney today will help eliminate a lot of the stress and chaos and allow you to focus on healing.
CALL AND SPEAK WITH AN ATTORNEY NOW .
This accident has caused you so much stress, and it is now time to get some relief. Call 856-284-6446
Why Should I Hire a Bergen County Personal Injury Lawyer?
It can be tempting to want to go it alone. Many victims mistakenly believe that they can successfully cover the compensation without the help of an experienced attorney. They soon find out that personal injury law isn’t as straight forward as it seems.
Hiring a Bergen County personal injury attorney will help to increase your chances of recovering the maximum compensation.
We are experienced at assessing claims
Our experienced and knowledgeable lawyers only need to take one look over your case to tell you whether you should pursue it or not. They will also tell you approximately how much your case is worth.
We work on a contingency fee basis
Don’t worry about the cost of legal representation. We won’t charge you any out of pocket fees. Our fee is a percentage of the compensation awarded. This means that we invest in your and your case and we won’t get paid unless you recover compensation.
We’ll cut through the red tape
There’s a lot of red tape in navigating the corridors of justice. We’ll handle all the paperwork on your behalf. You can focus on your recovery.
You’ll gain access to our resources
Recovering compensation in a personal injury case requires a thorough investigation to establish fault. You can rely on our skilled and experienced investigators to gather the evidence.
We’ll also provide expert witnesses to strengthen your case.
We’re experienced at working with other lawyers
We’ll level the playing field in by leveraging our Bergen County personal injury lawyers. We’ll deal with anything that opposing counsel throws at us and fight to ensure your legal rights are protected.
We’re experienced at dealing with insurance companies
We know all the tricks in the book. We’ll hold the at-fault party to account and fight to recover maximum. We’ll protect you from suffering further victimization by the insurance company.
We’ll represent you in the settlement process
The settlement process involves a lot of back and forth between parties in order to come to an agreement. We’ll work hard to reach a settlement. We’ll represent you at negotiations and ensure the compensation recovered is just.
We’ll remain objective
It’s easy for personal injury victims and their families to be carried away by their emotions. They are therefore more likely to base their decisions on these emotions. This can lead to making rush decisions that can hurt your case.
For example, it can be tempting to go for a quick payout in order to meet your family’s immediate needs.
Our lawyers will have your best interests at heart. We will provide you with an objective view of your case. We will fight to get you just compensation.
We’ll represent you in court
If your case makes it to trial, you won’t have to worry about how best to approach the case. We will represent you in court and argue your case to the jury. We will present your case to the judge and jury to help convince them to award you maximum compensation for your injuries and losses.
Types Of Bergen County Injury Cases We Handle
Our Bergen County personal injury attorneys represent clients in a variety of personal injury cases including:
Manufacturers have a duty of care towards consumers. Consumers trust manufacturers to provide them with products that are reasonably safe for use. We will file a product liability lawsuit to recover compensation for injuries caused by the use of defective products.
Road users have a duty of care to other road users. If you were involved in an auto accident caused by a negligent driver, we will hold them accountable for their negligence. We will demand compensation from their insurance companies for the injuries you have suffered.
We’ll fight to recover maximum compensation for injuries sustained at work. We will represent you in negotiating for a just settlement from your employer or their insurance provider.
Nursing home abuse
We’ll give your elderly loved one a voice. We’ll fight to recover maximum compensation for injuries and losses suffered as a result of abuse or neglect while being a resident at a nursing home. We’ll hold the abusive individual as well as the care facility liable for their damaging actions or neglect.
We’ll hold your doctor, medical staff, or the management of the medical facility accountable for medical errors or negligence. We’ll review your case and gather evidence to support your claim.
We represent families that have lost their loved ones as a result of accidents caused by negligent parties. While no monetary value can compensate for your loved one, we will help you and your family begin the process of healing by holding the responsible parties accountable for their actions or lack thereof.
Negligence in A Bergen County Personal Injury Case
Negligence is defined as the failure to exercise a reasonable level of care in order to minimize risk. In order to recover compensation in a Bergen County personal injury claim, you must show that the other party was negligent and that their negligence resulted in the accident that caused your injury.
For example, all drivers are expected to adhere to laws such as driving below the speed limit to minimize risk to other road users. If an accident occurred as a result of speeding, the speeding driver would be considered to have been negligent. They did not act as a reasonable driver would have.
However, negligence under New Jersey law isn’t as straight forward. It’s always a good idea to speak to a Bergen County personal injury attorney for a case evaluation. We’ll help you determine if you have a legitimate personal injury case or not.
Application of Negligence in Personal Injury Claims
In most personal injury claims, negligence is used to determine whether a person or organization can be held liable for the injuries that the plaintiff has suffered. If the negligence of the defendant caused the accident that resulted in the plaintiff’s injuries, then the defendant will have to pay the plaintiff compensation for the injuries and losses.
For example, if the defendant did not repair a broken stair that resulted in you falling and breaking your leg, they may be held liable for your injuries. However, if you were trespassing at the time of the accident, you may not be able to recover compensation.
Personal injury claims in New Jersey are further complicated by the fact that New Jersey is a contributory negligence state. This means that the contribution of the injured party towards causing the accident will also be considered in determining liability and the resulting compensation.
For example, if the defendant was speeding when the accident occurs, they may be held liable for the accident.
However, if you were distracted at the time of the accident e.g. changing the radio station, you will be considered to have contributed to the accident.
The amount you will be compensated will depend on how much you contributed towards the accident. For example, if you are determined to have been 30 percent responsible for the accident, you will only be given 70 percent of the total compensation awarded for your claim.
In order to recover compensation for a personal injury claim based on negligence, you have to provide evidence that proves the other party was negligent. A Bergen County personal injury lawyer will gather the required evidence to build a strong case.
In order to build a strong case, it is important to understand how New Jersey courts determine negligence and therefore a liability.
What Are The 4 Elements of Negligence In a Personal Injury Claim?
In order to successfully recover compensation for a personal injury claim, we will have to prove that the other party was negligent. We will have to show that this negligence resulted in the accident that caused your injuries.
Our Bergen County personal injury attorneys will fight to prove negligence by demonstrating the four elements below:
Duty of care
Our goal will be to show that the at-fault party had a duty of care to you at the time of the accident and that they were required to act with reasonable care to prevent any harm from occurring.
Breach of duty
We will work to show that the at-fault party did not act in a manner that demonstrates reasonable care. We will show that they were in breach of their duty towards you.
We will provide evidence that proves that the at-fault party was responsible for the accident. We will work to show that the accident would not have occurred if it weren’t for the negligent actions of the defendant.
We will show that the defendant is liable for physical, emotional, and financial damages. These may include medical expenses, lost wages, and pain and suffering.
Not all personal injury cases are based on negligence. Some cases are based on strict liability. Unlike negligence, strict liability does not require the plaintiff to prove negligence on the part of the defendant. The defendant will be held liable for the damages that you suffered even if there was no evidence of negligence.
Strict liability is often used for personal injury claims involving defective products. You only have to show that your injuries are a result of the use of the defective product in order to recover compensation.
What Is My Injury Case Worth?
This is one of the first questions victims ask during their free case evaluation. There are many different types of personal injury lawsuits, and each case presents unique circumstances, so compensation for personal injury claims will vary greatly.
It’s difficult, if not impossible, to determine the exact amount that your case would be worth, however, we can provide a ballpark guess after reviewing all of the facts of your case.
What’s The Statute of Limitations for Bergen County Personal Injury Cases?
If you have been injured as a result of the negligence of another party, it’s important to speak to a Bergen County personal injury attorney as soon as possible.
New Jersey sets a time limit for when personal injury claims must be submitted. Personal injury claims must be submitted within two years of the date of the injury.
It’s best to contact us as soon as possible after the injury.
This will give us enough time to investigate your claim and gather the necessary evidence to build a strong case.
Speak With a Bergen County Personal Injury Lawyer Today
If someone else’s negligence resulted in your injuries, you deserve justice. Get in touch with us to speak to an experienced and knowledgeable personal injury attorney. We will evaluate your case for free. We will tell you whether you have a legitimate claim and what your legal options are.
We are committed to providing high quality legal representation to victims of personal injuries. We provide services on a contingency fee basis. The cost of quality legal representation shouldn’t get in the way of your recovering compensation. Contact us today to book an appointment. Serving Hackensack, Teaneck, Fort Lee, Fair Lawn, Garfield, Bergenfield, Paramus, Mahwah, Ridgewood, Lodi, Cliffside Park and all other Bergen County Municipalities.