If you have been in a car wreck and sustained injuries due to the accident, a Newark car accident lawyer can help. Car accident lawyers understand that some legal rights and responsibilities arise after a car accident. Car accident law revolves around the essential principles of negligence, and it is the state law that governs the proceedings.
Retain a Newark car accident lawyer to help you in the following ways:
- Getting compensation for physical and financial damage
- Damages for pain and suffering. Pain and suffering is “the physical or emotional distress resulting from an injury”
- Recovery of medical expenses
- Recovery of lost wages
- Car repairs costs
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.
Our legal team at Morelli Law Firm in Newark can handle your case today. Call (212) 751-9800 for a free case evaluation.
It Is Your Right to Seek Legal Counsel
After a car accident, there are many steps you have to follow before you can get compensation for all damages suffered. Most of those steps involve complex legal procedures that the layperson may struggle with handling alone. A Newark car accident lawyer can help you through this hectic journey.
Additionally, insurance agencies do not always provide sufficient funds for losses and damages. Often, they give the first offer and injured victims can accept it unknowingly. That is why it is beneficial to hire an attorney.
The following are the main reasons why a competent attorney is helpful in car accident cases:
- An attorney understands the procedures of the statute of limitations
- There are certain rules that you need to follow after an accident
- There are issues about how an insurance agency can protect an insured person against losses
- An attorney understands the potential damages that are available to you
- A lawyer can help you prove liability by conducting the necessary investigations
- They understand both the federal and the state laws and remedies from the laws
- They understand the complex rules to follow before filing your case
- You risk great financial losses by attempting to handle your case
Steps to Take Following an Accident
After an accident, go to the hospital and seek medical help even if you have minor injuries. The medical records help you to get compensation from the insurance company. Also, remain silent and avoid admitting fault. Admission of fault is a common mistake and the other party can use it against you. Most litigants see the need to apologize even when they do not know whose fault it was. The other party can mistake an apology for admission of fault.
Secondly, allow your attorney to conduct investigations before filing the suit. From the investigation, you get the witness information, the description of the road, weather conditions, and photographs. All that information is relevant, and it helps your personal injury claim.
Newark Car Accident Lawyer Near Me 877-751-9800
Establishing Responsibility in 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 that you fulfill all the elements needed in proving 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 in 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 a duty they owe to you. Having an attorney present is important as they help you prove to the court that there was a breach.
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 no enough evidence to prove breach, your attorney can rely on circumstantial evidence such as blood alcohol readings and skid marks to help your case for purposes of compensatory damages. Our legal team at Morelli Law Firm can help you start proceedings. Call (212) 751-9800 for a free case evaluation.
Establishing the Element of Causation in a Car Accident Case
A car accident is typically caused by a negligent act, and a specific act must have caused an injury to another person. To establish a cause, it is important to have evidence that shows 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.
Where the court determines that there is a possibility that the injury occurred independent of the defendant’s conduct, then there is no causation. However, where multiple factors led to your injury, your attorney can help you prove to the court that the defendant’s action played a substantial role in causing the injury.
Further, the court requires that you prove proximate cause before it can hold the defendant accountable. Proximate cause limits the scope of liability to those injuries that bear some reasonable relationship to the risk created by the defendant. Where you can show that there was an anticipated risk, then that establishes a proximate cause and in turn, imposes liability on the at-fault party. We will fight for the court to grant you compensation for medical expenses, pain and grief, lost wages, and more.
Contact Us Today for Legal Guidance
After sustaining injuries from a car accident, you may want to handle it all yourself. You may try to deal with the insurance company as best as you can. Hiring a lawyer can help strengthen your case. Do not delay taking legal action as you have two years to file a personal injury according to New Jersey Statute 2A 14-2. Two years may seem like a while, but it takes time to build a compelling, solid case. To discuss how we can help you following a crash, call Morelli Law Firm at (212) 751-9800 for a free consultation.