If you have driven for any amount of time in Hackensack or New Jersey, you probably know that careless drivers are hard to avoid. When a negligent driver injures you, it is time to contact our lawyers to help you file a lawsuit.
Of course, you want to avoid an accident at all costs, but it does not hurt to be prepared in case you are injured. Start by reporting your accident to the authorities and getting medical attention on the scene. Another smart move is to take pictures with your cell phone before going to the hospital for further treatment. After that, our team will gather your photos, medical records, and other evidence to draft your complaint. Be aware, though, that you only have two years to bring a legal claim forward, and we will need that time to confirm that your injuries are serious if your insurance limits your ability to sue.
Call Agrapidis & Maroules, P.C. today at (201) 777-1111 for a free review of your case with our car accident lawyers.
Preparing a Car Accident Claim in Hackensack, NJ
Preparing a car accident claim is no easy task, so having a skilled legal team on your side is important. You will also play a crucial role in preparing your claim, as you usually will have the chance to report your crash and gather evidence at the scene before meeting with our car accident attorneys. After meeting with you, we will identify the filing deadline, help certify your injuries as serious and draft your complaint to begin your lawsuit formally.
Reporting the Accident
Most car accidents in Hackensack must be reported to the police. Specifically, N.J.S.A. § 39:4-130 requires any accident where someone is injured, dies, or involves property damage over $500 to be reported. However, we recommend reporting your accident to the authorities regardless so you have an official record of the incident, which will be necessary when filing a claim later.
The police report will confirm the date and time your collision occurred and record the other driver’s contact and insurance details. Of particular importance will be the police officer’s observations in the report, which usually describe the damage they found on the scene and the state of the parties involved. We can get you a copy of the report from the Hackensack Traffic Bureau, the NJ State Police, or any other department that investigated your accident.
Preserving Evidence
The next order of business to prepare a claim is to gather evidence before you leave the scene. While the police report often contains a good amount of information, it will likely not provide the evidence you can obtain with your smartphone. Take pictures of the damage to the vehicle involved, as well as any visible injuries you sustained. Photos of the scene itself, like intersections, traffic lights, and the weather, will add context and credibility to your claims. Perhaps you are too hurt to take pictures. In that case, ask witnesses, the police, or emergency personnel to help.
If eyewitnesses are on the scene, get their contact information if you can. Your police report will likely have witness details, but if you get their statements and contact information there, our team can reach out to them without waiting on the report. Our team will take the next steps to preserve evidence by investigating the scene for potential sources of surveillance footage. If your accident happened in a relatively dense part of Hackensack, a nearby camera might have recorded it. If we act fast, we can preserve the footage before it can be erased.
Certifying Your Injuries as Serious
Unfortunately, not everyone involved in a New Jersey car accident can sue for damages. According to § 39:6A-8(a), individuals with a limited insurance policy cannot file a lawsuit for non-economic damages unless they meet the “serious injury” threshold. Most of your economic damages, like medical expenses and lost income, will be covered by your no-fault insurance, but non-economic losses can only be recovered through a lawsuit.
If you have such a policy, we must “certify” that your injuries are, in fact, serious. To do this, we will gather medical records and reports from your treating physician and any other healthcare providers who treated you. Your doctor or a board-certified physician must assess your medical records, provide an assessment that substantiates your claims, and allow your lawsuit to continue.
Therefore, it is imperative that you get the medical care you need after your accident and follow the treatment plan as directed. Without medical care, there will be no records for the doctor to review, and your claim will be dismissed. Fortunately, we have 60 days after the defendant formally answers your lawsuit to provide their attorneys with the necessary documentation.
One way to avoid this issue is to have an insurance policy without a limitation on filing lawsuits pursuant to § 39:6A-8(b).
Drafting and Filing the Complaint
Filing your complaint will formally begin the litigation process. The complaint is the document that our team will draft that lays out all the important details about your case. The complaint will begin by identifying you as the plaintiff and listing the defendants, followed by a step-by-step description of the accident. This part of the complaint will explain to the court exactly how the defendant caused your injuries and the legal theories under which they should be held liable. Your complaint will then lay out the economic losses you have suffered and will likely suffer in the future, as well as how the accident has caused your pain and suffering. The last part will request that the court award you compensation for your damages.
However, legal complaints are subject to strict time limits. According to § 2A:14-2(a), complaints must be filed before the two-year statute of limitations runs out. Claims filed after the deadline will not move forward, so waste no time starting your case.
Contact Our Hackensack, NJ Car Accident Lawyers Today to Discuss Your Case
For a free case review from our car accident lawyers, call Agrapidis & Maroules, P.C. at (201) 777-1111.