Car accidents are common on Elizabeth’s busy roads, but the devastation they can leave behind is not. When another driver causes major financial and physical or emotional setbacks in an accident, our lawyers can help you prepare a lawsuit against them.
Evidence is crucial in a car accident case as the other driver will most likely point the finger at you for the crash. Fortunately, our attorneys know where to gather evidence to build your claim effectively. We can use police reports to get a sense of the crash, identify who caused it, and determine other evidence that could be helpful. We can use it to locate and contact eyewitnesses you might not have spoken to on the scene. Our team will also gather your medical evidence from each provider so a comprehensive assessment of your losses can be done.
Contact Agrapidis & Maroules, P.C., today by calling (201) 777-1111 to schedule your free case evaluation with our car accident lawyers.
Proving a Car Accident Lawsuit in Elizabeth, NJ
Starting your claim as soon as possible is critical to gathering the evidence you need to prove it. You will not recover compensation if you do not have convincing evidence of liability and your damages. Our car accident lawyers know what evidence will strengthen your case and where to find it. Your medical records will provide much of the evidence, but we can also obtain accident reports and witness testimony. If you took pictures or videos of the scene, these can also be submitted in your claim. The goal is to paint a complete picture of the incident and the steps you have taken to recover from it.
Accident Reports
Police accident reports serve a number of roles in car crash claims. First, most car accidents in Elizabeth must be reported to the police. According to N.J.S.A. § 39:4-130, any accident involving injuries, death, or property damage greater than $500 must be reported. While the law allows victims up to 10 days to make their report, it is best to call the police immediately after your accident to report it. This way, the most information can be gathered while still fresh in everyone’s memories.
Further, insurance companies generally require a police report to process a claim as it provides proof that the accident actually occurred. They also want the police report to see if it has any information they can use against you. For instance, the report will typically note if you accepted on-the-scene care from paramedics. If you did not get treatment, the insurance company might use that fact to lower its settlement offer. Thus, you should accept care before going to the hospital, even if you do not feel injured.
Our team will also review the report for evidence we can use to strengthen your claim. The report will note whether the other driver was ticketed or arrested for the accident. It will also contain witness information if some stopped, allowing us to identify and contact them later to get their testimony.
Medical Evidence
Medical evidence often makes up the foundation of a car accident claim. After getting treatment on the scene, the emergency room should be your next stop. Doctors can extensively examine you and run diagnostic tests for underlying injuries there. They will also note the reasons that brought you to the emergency room: your car accident. Lastly, your discharge records will contain important directions for the care you need to continue getting.
As you visit different doctors and specialists, you will build a chain of evidence that illustrates everything you have done to overcome your harm. Our team will gather this evidence for you, work with medical experts to evaluate it, and, if necessary, help explain it to the court.
Photographic Evidence
Photo and video evidence is often pivotal to proving car accident claims. Much of the informative physical evidence is cleared away soon after the accident so it does not endanger other drivers. Thus, take as many photos as your injuries allow or have someone help you take photos before leaving the scene.
Physical evidence, such as broken glass, detached car parts, brake marks, and vehicle damage, is some of the best evidence you can preserve with photos. Photos of the location will also help show how the accident occurred and the weather.
Filing a Car Accident Claim in Elizabeth, NJ
The evidence discussed above is important not only to prove your claim but also to determine the path you will take in pursuing compensation. New Jersey is one of the few states that use no-fault insurance to cover car accident victims’ damages from an accident, which has significant pros and cons. One of the major advantages is that drivers and passengers can get coverage for their economic damages rather quickly and without the need to prove fault beforehand.
The serious drawback of the no-fault system is that it can bar certain victims from filing a lawsuit and recovering non-economic damages, commonly referred to as “pain and suffering.” No-fault insurance is also not designed to cover all your economic losses. Instead, it covers a certain percentage of your medical bills and lost income. You will be responsible for any remaining economic expenses if you are barred from filing a lawsuit.
Fortunately, you can overcome this hurdle in a few ways. When our team reviews your case, we will assess your insurance policy to determine its limits. If your insurance policy has the “no limitation on lawsuit” option, you will have the right to recover your non-economic losses and any lingering economic damages under § 39:6A-8(b).
Victims can also file a lawsuit if they submit medical evidence confirming they suffered serious injuries in the accident. “Serious injuries” are broadly defined by § 39:6A-8(a), ranging from broken bones to fatalities. As such, we have a good chance of qualifying your injuries as serious so you can file your claim in court.
Contact Our Car Accident Attorneys in Elizabeth, NJ for Help with Your Claim Today
For a free case review with our car accident attorneys, call Agrapidis & Maroules, P.C. at (201) 777-1111.