If you have been in a car wreck and sustained injuries due to the accident, a Newark car accident attorney can help. Lawyers understand that some legal rights and responsibilities arise after a crash. Personal injury law revolves around the essential principles of negligence, and it is the state law that governs the proceedings.
After a car accident, you have additional expenses to take care of. Because most of the expenses from the accident were not foreseen, you can have a financial strain. Recovery time is also stressful since medical bills keep coming in the mail. But the Morelli Law Firm is here to help.
Is It Worth Getting a Car Accident Lawyer in Newark, NJ?
It is always worth getting a FREE case evaluation with a lawyer after you’ve been in a car accident in New Jersey. You are under no obligation to work with us during your consultation, but if you do decide to hire us, a car accident attorney in Newark can help you in the following ways:
- Getting compensation for physical, financial, and emotional damage
- Hiring an accident reconstructionist to investigate the scene of the crash
- Handling all communications and paperwork on your behalf
- Negotiating with insurance companies
- Representing you in trial if your case doesn’t settle in negotiations
You Have the Right to Seek Legal Counsel After a Car Accident
After a car accident, there are steps you will want to follow before you can get compensation for your damages. Most of those steps involve complex legal procedures, and a lawyer can help you through this hectic journey. Reasons why an attorney is helpful in car accident cases include:
- An attorney understands the procedures of New Jersey’s statute of limitations.
- We understand the rules that you need to follow after an accident and before filing your case.
- There are typically issues with insurance agencies and how they protect an insured person against losses.
- A car accident attorney understands what you can get compensation for.
- A lawyer can help you prove liability by conducting necessary investigations.
- We understand both the federal and state laws and their remedies.
- You’re risking great financial losses by attempting to handle your case alone.
- They have experience negotiating with insurance agencies because they’re known to not always provide sufficient funds for losses and damages.
Newark Car Accident Lawyer Near Me 877-751-9800
Steps to Take Following a Car Accident
After an accident, go to the hospital and seek medical help even if you have minor injuries. The medical records are evidence of your damages. Also, remain silent and avoid admitting fault. Apologizing after an accident is a common mistake drivers make and it can be used against you as an admission of fault.
You will need to allow your attorney to conduct investigations before filing the suit. From the investigation, you can get the witness information, the description of the road, and photographs. All of this information is relevant and it helps your personal injury claim.
The Deadline for Filing a Newark Car Accident Lawsuit
Throughout New Jersey, the law sets a two-year deadline for lawsuits resulting from personal injuries (such as a car crash). This is set forth in New Jersey Revised Statutes § 2A:14-2. However, there are additional factors that could change the amount of time you have before your right to file a Newark car accident claim expires.
For example, injuries involving minors may have a longer statute of limitations. On the other hand, accidents involving at-fault parties who injured you in the course of working for the government likely need to be filed far earlier than two years.
The best way to ensure that your case is filed properly and on time is to work with experienced Newark car accident lawyers.
Who Should You Sue After a Newark Car Accident?
There are many different possible causes of a vehicle crash, and the details of your specific car accident will determine who you should sue. As Newark car accident attorneys, Morelli Law Firm can comb through the evidence and details of your case to help you determine who was responsible for your injuries.
Depending on the facts of your case, you could be able to sue:
- An opposing driver
- Government agencies
- Trucking companies
- Car or truck part manufacturers
- Alcohol establishments (rarely, in accordance with NJ Revised Statutes § 2A:22A-4).
Establishing Liability in Newark Car Accident Cases
A car accident occurs after one or more parties act negligently, thereby resulting in the harm of others. To prove your case, it is important you prove each component of negligence.
The foremost element concerns the duty of care. All drivers have a legal obligation to obey the rules of the road. The law requires them to operate vehicles reasonably. The reasonability component includes the following:
- Maintaining control
- Observing traffic signals
- Driving at a safe speed
- Using blinkers and headlights
- Exercising awareness
The second element is a breach of duty. The court requires you to prove that the at-fault party breached the duty of care they owed you. Having an attorney present is important as they help you prove to the court that there was a breach.
How Your Newark Car Accident Lawyer Will Prove Breach of Duty
The following are the components that help in proving a breach of duty:
- Direct evidence
- Admission of fault by the at-fault party
- Traffic surveillance footage
Where there is not enough evidence to prove breach, your car accident attorney in Newark can rely on circumstantial evidence such as blood alcohol readings and skid marks to help your case for purposes of compensatory damages.
New Jersey Contributory Negligence
According to New Jersey Statute § 2A:15-5.1, individuals are still eligible for compensation even if they are partially liable for the car accident. The contributory negligence statute does not bar recovery if you are found to be less than 50% liable for the accident. Your compensation, however, will be diminished by whatever percent of the accident can be attributed to you.
Family Members Can Get Recovery if Their Loved One Died in a Newark Car Accident
In the event that a loved one passes away because of injuries sustained in a car accident, family members may be eligible to file a wrongful death claim. Damages a spouse, child or parent can collect include:
- Medical bills
- The costs of the funeral, cremation or burial
- Lost wages the victim was earning and would have been able to earn in the future
- Reduction in the inheritance that the victim would have left
- Loss in parental guidance the deceased would have provided if they reached their anticipated life expectancy
- Services that the victim provided, such as childcare
Proving the Element of Causation in a Car Accident Case
In a car accident claim, it’s important that your attorney helps you prove that the defendant’s act caused your injuries. You will need to show evidence that the at-fault party’s act or omission was a necessary antecedent to your injury.
To establish causation, courts use the “but for” test to conduct the case assessment. Judges analyze the issue by determining if the complainant’s injury would have happened “but for” the at-fault party’s conduct.
Further, the court requires that you prove proximate cause before it can hold the defendant accountable. Where you can show that there was an anticipated risk, that establishes a proximate cause, and in turn, imposes liability on the at-fault party.
Contact Morelli Law Firm Today for Legal Guidance
After sustaining injuries from a car accident, you may want to handle it all yourself. However, hiring a lawyer can help strengthen your case. To discuss how a Newark car accident lawyer can help you following a crash and collect compensation, call Morelli Law Firm for a free consultation.