Unfortunately, car accidents are a daily occurrence in Kearny, so it is important to be prepared in case a negligent driver injures you. Our attorneys can help prepare your legal claim and put to use any evidence you collected on the scene.
Right after the crash, you should call 911 to get emergency medical treatment, the police can investigate the crash, and we can get the report. You should also take out your phone to photograph damage and details at the crash site, as it will preserve evidence that will be lost when the scene is cleaned. Our lawyers can use this to help prove elements of your case and identify witnesses. We will also determine whether your insurance coverage is a limited policy, in which case we can gather medical evidence and expert testimony needed to pass the serious injury threshold, allowing you to pursue economic and non-economic damages from the accident.
Call Agrapidis & Maroules, P.C. today at (201) 777-1111 to review your case free of charge with our car accident lawyers.
Important Steps to Recovering Compensation After a Car Accident in Kearny, NJ
Recovering compensation after being injured in a car accident often requires completing several steps. Some steps can be taken while you are at the crash site, like reporting the accident to the police and preserving evidence. Our car accident attorneys will handle the other steps, such as determining whether your insurance includes limitations on filing a lawsuit, how long you have to file a claim, and assessing your economic and non-economic damages. Checking these steps off will give you a much better chance of getting all the compensation you need to heal.
Report the Crash
After ensuring that you are safe, the next step is to call 911 for help. When you report the accident, the emergency operator will dispatch the police and emergency medical services.
Under N.J.S.A. § 39:4-130, any vehicle accident involving injury, death, or property damage over $500 must be reported to the police. When the police arrive, they will observe the accident scene, interview you and the other driver, and issue citations as necessary. It is important to speak to the police so that your perspective of the accident is recorded, but be careful about making any statements that could be seen as accepting blame. Our team will gather the report and use it during your insurance settlement and discover other evidence we can use.
Get Medical Treatment
It is also a good idea to accept care from the paramedics who arrive if you need care. They can provide critical treatment on the scene and document your injuries before getting you further care at the hospital if you need it. Our lawyers can gather these records to help prove your damages.
Preserve Evidence of the Crash
Evidence at the crash site will be vital to proving your claim, but it will usually not last long. The wreckage of an accident scene gets cleaned away quickly, and it might be the only time you have access to the other driver’s damaged vehicle. You can preserve this evidence by taking pictures with your phone. Take photos of debris, tire marks, broken glass, and anything else that shows the damage that occurred. You can also photograph the damage to your vehicle to preserve it as evidence. Once you have pictures of the physical evidence, you can repair your vehicle or get a new one without fear of losing any evidence.
Our lawyers will also visit the accident site to determine whether surveillance cameras were nearby to capture the crash. Most businesses in Kearny have security systems, while more and more homeowners are installing cameras for their front doors and receiving packages. If we act fast, we can speak with camera owners and recover the footage before it is deleted.
Assess Your Insurance Coverage
One of the very first steps our team will take when starting your case is to determine what type of insurance policy you have. New Jersey is a no-fault state, meaning victims can get compensation for economic damages from their own insurance provider but might not have the right to file a lawsuit for non-economic losses. If you have an alternative to the basic tort coverage, known as a “no limitation on lawsuit” option under § 39:6A-8(b), you can file a lawsuit without any additional steps.
Those with a “limitation on lawsuit” policy cannot sue for non-economic damages unless they suffered serious injuries in the crash, according to § 39:6A-8(a). If you have this insurance coverage, we will need to gather medical records to substantiate our claims that your injuries are serious enough to file a lawsuit. Thus, be sure to get care after the accident and follow through with your treatment plan, so there are no gaps that could call your case into question. Our team can work with your treating physician or a board-certified doctor to certify to the court that your injuries are serious.
Determine the Statute of Limitations
While our team is determining your right to sue under your insurance policy, we will also determine the length of time you have to file a claim under the state statute of limitations. According to § 2A:14-2(a), most car accident victims have just two years from the date of the crash to file a legal claim, whether it is for insurance benefits or a lawsuit.
Calculate Your Damages
Calculating your damages is one of the most essential functions our team provides. If certain damages are unidentified or lacking evidence, you cannot recover compensation for them.
Our lawyers typically start by collecting medical records and bills to assess your economic losses. We can also use work documents to show the lost wages you should recover if you took time off because of your injuries. Property damage to your vehicle and personal property can also be included in our economic calculations.
We will also estimate your non-economic damages by reviewing all the ways your injuries and the crash have impacted your life. This includes evaluating the physical pain you endured, as well as the emotional stress and psychological issues the accident has caused you to contend with.
Contact Our Kearny, NJ Car Accident Attorneys Today for Help with Your Case
Contact Agrapidis & Maroules, P.C. at (201) 777-1111 to schedule your free case assessment with our car accident lawyers.