After an accident, victims often scramble to cover expenses they did not plan on having. Fortunately, our attorneys can help you recover compensation from the negligent party responsible for your injuries.
You likely know that a personal injury claim can help you cover your losses but do not know how to start one. In certain cases, our team can file a lawsuit immediately, allowing us to negotiate a settlement sooner rather than later. However, particular legal rules can limit some victims’ right to sue. For instance, car accident victims, among the most common personal injury plaintiffs, must go through their own insurance for economic compensation and can only file a lawsuit if their policy allows or they sustain “serious” injuries. Our team can explain how these limitations impact your case and the evidence we will use to overcome them. Thus, contacting our lawyers immediately after your accident is important so your case is filed on time.
For your free case assessment with our personal injury attorneys, call Agrapidis & Maroules, P.C. at (201) 777-1111 today.
Practice Areas Our Personal Injury Lawyers Can Help You with in Linden, NJ
When you are the victim of negligence, you need a legal team that understands your case’s specific needs. Our firm has been helping clients since 1988 and is ready to help you recover the compensation you deserve. Our personal injury lawyers have vast experience in numerous practice areas, including car accidents, construction accidents, and wrongful death. We know the evidence necessary to prove your claim, where to find it, and who to direct your lawsuit against.
Car Accidents
Negligent drivers in Linden are one of the most common reasons for filing a claim. When another driver hits you, we can help cover your initial medical expenses by filing a claim with your insurance company and explaining how your policy might impact your ability to file a lawsuit. As a “no-fault” insurance state, you can only get economic damages covered, such as medical expenses and lost wages, and file a lawsuit for non-economic damages in certain circumstances.
Car crash victims with a “no limitation” or “tort” option under N.J.S.A. § 39:6A-8(b) can file a lawsuit without restraint. Those with the “basic tort” option can only file a lawsuit if they sustained “serious injuries,” according to § 39:6A-8(a). Under this second option, we can still file a lawsuit but must provide medical evidence soon after filing it, so the case is not dismissed. Be sure to document your injuries by getting the medical treatment your healthcare providers recommend.
Pedestrian Accidents
Like many north New Jersey towns, Linden is immensely walkable, so pedestrian accidents are frequent. However, victims often find recovering compensation challenging because the insurance rules discussed above also apply to pedestrian accidents. If you have car insurance, our team can assess your options and gather evidence of your injuries if you have a limited right to sue.
Of course, you might not have a car or insurance. In such cases, a family member’s coverage might be used if you live with one who has car insurance. If no coverage is available, filing a lawsuit will be the primary method to recover compensation.
Construction Site Accidents
Construction sites are often among the most dangerous workplaces for both workers and those walking by. A falling object might strike pedestrians because the site lacks proper overhead protection, or they fall because warning signs were not placed near an excavation. In many other cases, construction workers are injured because the property owner or general contractor did not follow safety protocols or failed to train workers adequately.
Regardless of which situation fits your case, our team can explain your options. Injured pedestrians and other nonworkers injured on a construction site can typically file a lawsuit against the liable parties. Injured workers might not have this option if their employer’s or a coworker’s negligence causes the accident. Workers’ Compensation insurance is generally the sole remedy for construction workers injured on the clock. However, filing a lawsuit is possible if a third party caused your workplace accident or your employer intentionally injured you.
Wrongful Death
We can also help families with a loved one taken by another person’s wrongful act recover damages. In a wrongful death claim, certain family members can recover compensation that the court deems fair and just, typically including medical expenses, hospital bills, funeral costs, and other damages the deceased incurred. We can also assess the damages the deceased could have claimed had they survived, such as lost income and pain and suffering.
How Long Your Linden, NJ Personal Injury Case Might Take
Each personal injury claim is unique, and many factors in and outside your control can either prolong a case or make it conclude quickly, depending on the circumstances. One thing that nearly every personal injury lawsuit has in common is the “statute of limitations,” which is the time limit given to injury victims to file their claims. According to § 2A:14-2(a), you have just two years to file your lawsuit, typically starting on the date of the accident. Once the limitations period closes, your right to file a lawsuit for the accident is lost. If your lawsuit is filed on time, procedural rules will keep the case moving along, but there is no set time limit for when it must be completed.
Injury claims tend to take longer when liability is unclear. Defendants can argue that you were partially responsible for your damages under the “comparative negligence” rule to avoid paying some or all of your compensation. Under § 2A:15-5.1, individuals found partially at fault will lose compensation in proportion to their degree of negligence and cannot recover anything if their negligence is greater than the defendant’s. If the other side asserts this defense, we must use evidence to fight it, like expert witnesses who can provide additional insights into the causes of the accident.
Contact Our Personal Injury Attorneys in Linden, NJ Today for Help
Call Agrapidis & Maroules, P.C. at (201) 777-1111 for a free case review with our personal injury attorneys.