Every day, drivers risk getting behind the wheel of their car and becoming the victim of a serious  accident. Those that have experienced car accidents know the trauma and frustration that comes from treating injuries, addressing property damage, and just trying to get their lives on track. 

At The Law Offices of Lloyd E. Bennett, Esq., P.C. we have decades of experience advocating for those injured in automobile accidents. We have recovered tens of millions of dollars for our injured clients.  Our firm has the knowledge and skills to serve our client’s best interests from the earliest stage of car accident investigation to trial or settlement. 

Understanding the Compensability of a Car Accident 

After an accident it’s essential to establish who was at fault as we all owe one another a standard duty of care (see the negligence explanation below).  Hiring a lawyer and a team of experts early on helps with that determination. 

A recent National Highway Traffic Safety Administration study that found that 94% of car accidents were due to human error—a larger number of them due to distractions, many due to smartphone use. 

That means if you were hit by another driver, the odds are that they’re at fault—which means a New Jersey car accident attorney can hold them accountable in court. Your settlement could pay for your medical care, lost income, pain and suffering, and other damages for the rest of your life. If you were a passenger, you’re eligible to sue the at-fault driver for the losses you’ve suffered regardless of who that is or what vehicle you were in at the time of the accident. .

Common Car Accident Injuries

From minor fender-benders to multi-vehicle collisions, no one-car accident is the same. However, many clients experience the same or similar injuries regardless of the severity of the accident. Some of the most common injuries include: 

• Bulging and herniated disks, back dislocations, and spinal cord trauma.
• Knee, elbow, and other joint injuries.
• Traumatic brain injury (TBI).
• Concussion.
• Whiplash.
• Bruising and lacerations. 
• Internal injury/bleeding.
• Broken ribs, collar bones, and injuries to their extremities
• Death 

New Jersey Car Insurance Requirements 

New Jersey state law requires every driver to maintain some type of insurance coverage to operate a vehicle on our roadways.  Failure to have coverage is an offense punishable by a monetary fine and a loss of driving privileges for up to a year.  

There are three different types of coverages available to NJ Motorists: 

• Special Automobile Insurance Policy (SAIP) aka dollar a day policy for medicaid beneficiaries
• Basic Insurance Policy 
• Standard Insurance Policy 

For a description of what is included and not included with each of these policy choices visit the State of New Jersey Office of Banking and Insurance’s Automobile Insurance page. If you have questions regarding coverage selection speak to your insurance agent.  

Statute of Limitations

Personal Injury cases in New Jersey are subject to a statutory timeframe to bring a claim for injures which is called a statute of limitations (SOL). Under New Jersey law a person that has been involved in a car accident has two years from the date of the accident to file a lawsuit against the party that caused the accident. Parties forfeit the right to bring a lawsuit once the SOL period has passed.

Services Provided by a New Jersey Car Accident Attorney 

New Jersey car accident lawyers offer a number of legal services for their clients. Although many car accident cases are similar in nature, each case can pose different challenges to the injured parties, which requires a unique approach by the attorney.. 

Collection of Evidence 

The single most crucial aspect of any New Jersey car accident case is the collection of evidence. As time passes, eyewitness accounting of an event can fade, requiring physical evidence and documentation to refresh memories and help calculate the total costs of an accident. 

Typical forms of evidence that can and should be collected during the initial stages of a car accident investigation should include the following: 

• Police reports of the incident. 
• Medical records detailing injuries associated with the accident. 
• Medical bills that describe the costs of treatment. 
• Insurance policies. 
• Contact information of the involved parties and persons that witnessed the accident. 
• Photos taken of the accident should include damage to the vehicle(s), road conditions, and physical injuries sustained by the parties involved. 
• Surveillance camera footage of the area. 
• Body-worn camera footage of the responding officers, if applicable. 
• Other supporting documentation of monetary damages, including receipts for repairs made to the vehicle, receipts of lost or damaged physical property, and wage statements of those involved if their injuries required them to miss work. 

Interviewing Witnesses 

Another crucial aspect of an attorney’s services for car accident cases is the identification of eyewitnesses and the collection of witness statements. During the pretrial phase of any civil lawsuit, parties are allowed to depose witnesses to obtain testimony of critical factors of the case. However, before a case can even be filed, it is crucial for the attorney to collect as much evidence as possible, which includes witness statements. 

Although interviewing someone about what they said during a car accident does not appear to be challenging, skilled attorneys understand how to flush out critical details of an accident and identify witnesses that may not be easily identified during the initial stages of an investigation. 

A skilled New Jersey car accident attorney will also engage the services of trained private investigators to gather evidence, including identifying critical witnesses. In many instances, these investigators are former police officers with years of experience collecting all sorts of information.  

Negotiating with Other Parties and Insurance Companies 

Because New Jersey state law requires drivers to carry basic vehicle insurance coverage for bodily injury and property damage, many minor accidents are settled informally out of court between the parties.. 

Insurance adjusters are trained to ensure that they pay as little money as possible. Our investigators and experts build cases that force insurance companies to offer our clients far more than they originally offered. When insurance companies are facing a level playing field, they’re forced to offer the true value of the claim.

Having a New Jersey personal injury lawyer on your car accident claim can help you recover a higher payout from the insurance company. A report from the Insurance Research Council found that hiring an attorney resulted in 40% higher payouts than people who chose to do it themselves. Why is that? Because insurance companies know they can take advantage of people who are not represented. 

Pretrial Litigation

After a certain point, however, if the parties are unable to resolve the claim it becomes clear that no amount of discussion or negotiation can continue without the presence of a civil action to address lingering questions damages and negligence.

An experienced New Jersey car accident attorney is well-versed in this process and completes every stage of litigation. 

Once the case is filed, the parties will commence the discovery process. During discovery, the parties exchange relevant documentation with each other. The parties also depose appropriate parties and witnesses to the case. In many cases, certain information can be withheld from production for various reasons. An experienced New Jersey personal injury attorney is well aware of how to address these issues and compel discovery during litigation.   

Trial 

Once discovery closes and both parties exhaust all appropriate motions to argue their case, the court will schedule a trial date.  During this time, the parties will work with the court to set a trial schedule, submit motions to determine what pieces of evidence should be used during trial and which should be excluded, and commence the jury selection procedure. 

During the trial, the parties will issue open statements, examine and cross-examine witnesses, introduce physical evidence, and issue closing statements to support their case. Once the trial concludes, the jury will deliberate and issue a final verdict. 

Settlement

Many cases these days do not reach trial due to extensive backlogs and delays.  Instead, during the pretrial litigation phase of any case, the parties will commence a series of conversations explaining the merits of their case and discussing settlement options, perhaps even schedule a mediation or arbitration with a retired Judge or third party lawyer in an effort to settle the case.  Typically, a settlement includes a cash payment between one party to the other. Because settlements are negotiated between the party, every settlement payment and agreement is different and many are confidential.. 

Contact Us Today

Since 1987, The Law Offices of Lloyd E. Bennett, Esq., P.C. has helped countless car accident victims recover the money they needed from insurance companies and negligent drivers.  We have collected tens of millions of dollars by our thorough approach. We have the knowledge, resources, and strategies to maximize our clients’ compensation and we review every option on their behalf. With our contingency fee arrangements, our clients never pay a cent upfront. In fact, they never pay anything unless we win their case. That’s our promise. Contact us today to see if you have a car accident claim.