A personal injury case begins when someone else injures you, as medical bills and other damages will begin piling up soon after. By contacting our team immediately after the accident, we can make the most use of the time by gathering crucial evidence before it is lost.
The likelihood of proving an injury lawsuit usually depends on the quality of the evidence available and the time required to prepare it adequately. Our team will gather and read accident reports to assess the overall incident and identify other evidence, like eyewitnesses we can interview and have testify later. Quality evidence is also the best way to fight the defendant’s claims that you are partially at fault for your damages, which can lower your compensation if not rebuffed by our lawyers.
Call our personal injury lawyers at Agrapidis & Maroules, P.C. now at (201) 777-1111 for a free case assessment.
Proving a Personal Injury Case in Montclair, NJ
Proving negligence is necessary to recover compensation for personal injuries, but how to go about proving the defendant’s liability differs in each case. If you reported your accident, accident reports will likely be available to provide critical facts about it. Some victims are fortunate enough to have witnesses to back up their claims. Depending on where your accident occurred, our personal injury attorneys’ investigation might discover surveillance cameras near the scene or details we can photograph to provide further context. We must also address the defendant’s claims that you were comparatively negligent when proving your lawsuit.
Gather Accident Reports
Our team wants to know as much about your accident as soon as we can, so we will typically start by gathering any accident reports available. If you are injured in a car accident, slip and fall, by a dangerous product, or some other accident, it is a good idea to call 911 for help. At the very least, emergency medical services will provide on-the-scene care soon after, which will also help begin documenting your case. EMS records will typically include descriptions of your observed injuries and vital signs, as well as notes about the accident you were injured in. The paramedics will also advise you whether you should get follow-up care at the hospital, which you should do if you have injuries that need to be treated.
The police might also arrive at your accident to document it, especially if you were injured in a car accident. If so, speak to the police before leaving the scene, but provide only the details you know. They will also speak to the other parties involved and note their information in the report, which will help our team identify the person to sue and potential witnesses. The police report should also include the officer’s observations, giving our team an overview of your incident. While police reports cannot be used as evidence in a personal injury trial, they are pivotal in settlement negotiations with the insurance company.
You should also report your accident to a manager or business owner if your accident happened on another’s property. For instance, if you slip and fall while shopping at a large commercial chain, the manager or employee will likely file an internal report. These reports might include details you forget later since they were made right after the accident. If you did not get a copy of a company accident report, we can demand it be turned over after filing your lawsuit.
Get Eyewitness Statements
Contacting and interviewing eyewitnesses early on in your case is a priority. The longer it takes to get a witness’s statement, the more likely they will forget important facts. Eyewitnesses can describe the defendant’s actions from a perspective you might have no knowledge of. They can also provide detailed descriptions of your injuries and how severe they appeared at the time of the accident. Witnesses might also have photos and videos we can use as evidence since many people’s first instinct these days is to record when something remarkable happens.
If you can speak to witnesses before leaving the scene, it is best to get their information then and there, and we can contact them later. If you did not have the opportunity, though, we can review the reports to identify anyone who might be available.
Investigate the Accident Scene
Some injury victims do not have a chance to document the scene before leaving to get medical treatment. A standard part of our investigation is returning to the scene to gather additional evidence. For instance, we will go to the site of a car accident to photograph details to support the facts you claim, like the layout of the intersection or traffic signs the defendant ignored.
If your accident happened on or near another person’s premises, security cameras might have captured it. For example, a slip and fall accident at a store during business hours will likely be recorded. A car accident may also be recorded by a residential doorbell camera. In any case, security footage typically does not last long before being deleted or overwritten, so it is important to investigate your accident as soon as possible.
Assess Comparative Negligence
If evidence is lacking or some of it paints a poor picture, opposing counsel will likely argue that you are partially responsible for your damages. According to N.J.S.A. § 2A:15-5.1, your compensation can be reduced by the share of the fault you are determined to have contributed. Comparative negligence will only bar you from recovering damages if your negligence exceeds the other party’s.
The goal is to rebuff these arguments with the evidence. The more evidence we have, like witness testimony and surveillance footage, the more likely these claims will be undermined. If the evidence supports your claims, but the other side still presses this defense, we can present the evidence to the jury in a trial.
Contact Our Personal Injury Attorneys in Montclair, NJ for Help Today
Call Agrapidis & Maroules, P.C. at (201) 777-1111 for a free assessment of your case with our personal injury attorneys.