No one is ever prepared for the emotional and financial toll an unexpected motor vehicle accident can cause. And, if you are also injured in a motor vehicle or motorcycle accident, you can easily become overwhelmed when dealing with insurance, medical injuries, pain, work, repairs, and recovery, as most people have a limited understanding of the laws and procedures after an accident happens. Therefore, it is imperative to consult with an experienced New Jersey auto accident attorney.
Do i have an personal injury case if i was in a car accident?
There are two important questions that decide whether or not you have a good case.
The first of these concerns “liability,” or whose “fault” the accident is.
If you were “rear-ended” by another driver, for example, or if, in a chain-reaction collision, you were rear-ended through no fault of your own, you have good liability. If you were preparing to cross an intersection and someone made a turn into you when you had the right of way and they either had a yield or stop sign or stoplight, you have good liability. If someone crossed the dividing line or made an unsafe lane change, or if someone drove in a way that exceeded the speed limit for the road conditions or in other ways broke the motor vehicle laws, you usually have a good liability case.
The second question concerns your injuries.
If you have what is called “the verbal threshold,” sometimes also referred to as the “limited tort” or “tort threshold,” in your own automobile policy, then you have limited yourself and your ability to collect damages. It hasn’t become impossible, but it has become tougher. In order for you to be able to collect compensation for your injuries, if you have the “limited tort” or “tort threshold” in your insurance policy, you have to prove some degree of permanent impairment. This is usually a question of extent of injury, advocacy, medical-legal knowledge, and management of the case law and the medicine. These tasks, our firm has excellent credentials and experience to perform. If you do not have the tort threshold or the limited tort, it doesn’t mean that you’re home free, but you will be able to recover damages even for injuries which are not permanent.
Do you have questions about whether you should consider filing a personal injury lawsuit after a car accident? Contact the Law Office of Tejas S. Kapadia, P.C. to schedule an appointment with a New Jersey personal injury lawyer.
If You Were Injured in A Car Accident
If you have just been in a car accident, do not make demands for money. Do not accept money. Do not fall prey to any requests to “keep the cops or the insurance companies out of this.” Exchange insurance information and do not panic
. Call the police. If you are hurt, explain to the police how
you are hurt. Do not be brave or attempt to be “tough,” because the police will note on their police report that you denied medical attention and if you then need attention later, this inconsistency may hurt you. Do not press for tickets for the person that hit you because in all likelihood, they won’t necessarily be a value to you in a later superior court personal injury case. Do not panic
and say things that are untrue and do not be overly emotional
, no matter how bad the situation may be.
If you can, either take pictures of the accident or have others with you take pictures of the accident (the scene, the damage, the location), as well as any injuries that you have received. See to your own safety and the safety of the people in your car, make sure the police have all the information they need as well as an accurate description of how everything occurred, and then call The Law Office of Tejas S. Kapadia, P.C. We will take you through the rest.
Seeking medical attention is your top priority after an accident. If you are hurt, your health and safety are the most important things. Call the police. Try to remain calm. Do not act tough or try to shake it off. Adrenaline following an accident can hide serious injuries. Even a minor pain at the scene of an accident can develop into a major problem in a matter of hours or minutes. You shouldn’t overstate your injuries, but you need to be honest about what hurts. Do not discuss fault with police, bystanders or anyone. You may be wrong about what really caused your accident.
Do not agree to a settlement or take any money from any insurance company, yours or the other party’s, until you have contacted our attorneys. Insurance companies are very skilled at getting injury victims to compromise their own rights. They know how to limit their risk, even at the expense of the truth. The more severe the injuries, the more desperate the insurance companies will be to limit what you can recover. Contact one of our attorneys at The Law Offices of Tejas S. Kapadia, P.C. to schedule an appointment for a confidential consultation before discussing your accident with an insurance representative.
The first offer you receive from an insurance company is almost certainly less than you deserve. It doesn’t cost the insurance company anything to see if you will accept a terrible offer. It is a win in its book if you are left without enough money to cover your medical bills, lost wages and other expenses. If you accept any money from the insurance company, you will lose the right to seek more later. You can make a counter-offer, but if you ask for too little, you can still find yourself in big trouble as your expenses grow. If you have not spoken to a lawyer, call one immediately.
New Jersey Auto Accident Lawyers And PIP Insurance Personal injury protection (PIP) insurance is mandatory for New Jersey drivers. Your car insurance policy contains a PIP provision, whether or not you are aware of it. The minimum PIP coverage available in New Jersey is $15,000 per person per accident. Many drivers select this level of coverage. In a car accident causing injuries, $15,000 is a tiny sum. The maximum level of PIP insurance is $250,000. Most people are surprised at how quickly a number like that can be reached after a serious accident. PIP insurance is an issue in many car accident cases, but it is far from the only source of compensation if you have been injured.
Your PIP coverage may cover some portion of the medical bills or lost wages you have suffered. To recover the rest, you will almost certainly have to file a lawsuit against the negligent party that caused your accident. PIP insurance is a very limited remedy that often fails to cover even basic medical expenses, let alone the other costs associated with a bad crash. Pain and suffering, loss of earning capacity and countless other damages are not included in PIP coverage. You need an experienced personal injury trial lawyer to protect your rights and help you get the full compensation you deserve after an accident.
Uninsured and Underinsured motorist issues
Approximately 11 percent of the drivers on New Jersey roads are uninsured. The percentage that are underinsured is much harder to identify, but a serious accident can easily cause more damage than many insurance policies will cover. Dealing with insurance is an issue in virtually every car and truck accident case. It is one of the many reasons why you should seek the advice of an experienced attorney if you or a loved one has been involved in a crash.
It is a crime to drive a car without insurance in New Jersey. Every car is required to carry at least a minimum amount of insurance coverage. Despite that fact, many car accident victims find that getting access to compensation is not a simple matter. Because New Jersey is a no-fault insurance state, your insurance company pays the expenses you incur in a car accident. The other driver’s lack of insurance doesn’t matter if your injuries are minor. Serious car accidents, however, may mean that you need to file a lawsuit against the other driver to collect full compensation. If that driver is uninsured, the problems increase.
Collecting the full damages you deserve is complicated by an underinsured or uninsured motorist. You may be able to look to sources of compensation outside of insurance to cover your expenses. An experienced trial attorney can help you find every available avenue to getting the money you deserve. At the Law Offices of Tejas S. Kapadia, P.C. our attorneys know how to protect injured clients. Their experience gives our firm an advantage in protecting your rights. We can help you through complex issues involving uninsured and underinsured motorists. Contact one of our attorneys at The Law Offices of Tejas S. Kapadia, P.C. to schedule an appointment for a confidential consultation.
Contact the Law Offices of Tejas S. Kapadia today
We understand that if you are considering an attorney then your matter is of extreme importance. Our response will be prompt, discreet and with the care and understanding that you deserve. Schedule an appointment with our Auto accidents attorney now.
Call (201) 632-1529 or complete our online contact form to schedule a consultation.
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