Personal injury claims are often only as strong as the preparation that goes into them, which is why starting your case, preserving evidence, and prioritizing your recovery is crucial.
Before victims can file their injury lawsuits, our lawyers must fully understand the facts of their cases so we can properly prepare. This typically begins with reviewing the accident’s events, which may require us to return to the scene to investigate further, obtain and read police reports, and interview witnesses who were present during the accident. We can then turn our attention to your injuries by reviewing your medical records and hospital expenses to date. This will allow us to quantify losses from the accident the defendant is liable for, which also include lost wages and non-economic damages.
Call Agrapidis & Maroules, P.C. at (201) 777-1111 for a free and confidential analysis of your case from our personal injury lawyers.
Confirming the Facts of Your Personal Injury Case in Irvington, NJ
Before we file your lawsuit in court, we must confirm the facts of your case. This will enable us to file an accurate and complete complaint with the court outlining what we allege happened, your injuries, damages, and the defense’s negligence.
The Accident’s Events
The first step in preparing your case is reviewing what exactly happened and how you were injured. If a reckless driver ran a stoplight and T-boned you, that would indicate that they breached their duty of care, making them liable. Other incidents are not as straightforward, such as tripping or falling accidents on another person’s property. When reviewing what happened, we may ask detailed questions about what you remember, including the defendant’s actions and your own. Modified comparative fault rules under N.J.S.A. § 2A:15-5.1 could reduce victims’ recoveries if they are found to share liability, and we can anticipate such arguments from the defense after carefully reviewing the accident’s events. Our goal will be to create a clear timeline of what happened and why for the jury if your case goes to court.
The Accident’s Location
Returning to the accident’s location may yield additional information or evidence we can use to strengthen your case. For example, in premises liability incidents, security cameras may be on the premises and capture accidents on film. There may be no-turn signs, double-lined roads, or skid marks on the road where a car crash happened, which might factor into your case. For example, if the negligent driver attempted to make a turn over a double yellow line when they hit you, having photos from the crash site showing that area would benefit your case.
If Eyewitnesses Were Present
We will also want to determine whether eyewitnesses were present during your accident. If so, we will prioritize interviewing them and collecting their statements so their memories do not fade. In lieu of video footage of the defendant being negligent, eyewitness statements may be the next best thing, particularly if they are reliable and obtained immediately.
If Police Responded to the Scene
When victims are seriously injured during motor vehicle collisions, falling accidents, or other incidents, they may call 911 for help. If the police arrive, tell them what happened so they can record pertinent information in their report. Let paramedics treat you at the scene, especially if you have visible or otherwise obvious injuries, as officers might note if you reject care in their report. Though inadmissible in injury claims in New Jersey, police reports can help our personal injury lawyers figure out an accident’s sequence of events, review possible contributing factors, and even identify eyewitnesses.
The Victim’s Immediate Injuries
Before bringing your case, we must fully appreciate your injuries and how they will continue to affect your life moving forward. While there is immediate physical pain and costly emergency medical care associated with injuries, there are many other costs victims may incur in the long term. For example, if you sustain a major back injury from negligence, you may have to get several surgeries and go through many years of physical therapy. To estimate upcoming medical costs and get compensation for those damages in addition to expenses you have already incurred, our lawyers may have experts prepare statements and testify in court. Prioritizing your physical recovery above all else will yield medical evidence we can use to prove your injuries exist and that the defendant caused them. Do not engage in any physical activity that could worsen your injuries against doctors’ advice, as that could jeopardize your recovery.
The Victim’s Total Damages
Perhaps the most important aspect of preparing injury claims is assessing victims’ total damages. Without doing this, victims may not request accurate amounts in their complaints or be unable to support requests with proof of damages, leading to a lower or no recovery. Our attorneys often begin by calculating victims’ medical expenses, as these are typically the most consequential and concerning. If you are recovering at home or in the hospital, you may be unable to work at the same earning capacity or any, leading to distressing lost wages. We can also monitor these damages and factor them into our final compensation requests.
Non-economic damages tend to be the most elusive for victims because they are so challenging to quantify. These damages attempt to cover victims’ pain and suffering from personal injuries, which are subjective. To express plaintiffs’ emotional distress and mental anguish since an accident, our lawyers may have therapists offer statements or victims give in-court testimony, which may sway juries to award larger amounts for non-economic damages. Victims’ age at the time of injury, the severity of their injury, and whether they will ever fully recover could also factor into their non-economic damages.
For Help with Your Case, Call Our Irvington, NJ Injury Lawyers
Call Agrapidis & Maroules, P.C. at (201) 777-1111 to discuss your case for free with our personal injury lawyers.