Even minor car accidents can leave victims with significant costs and other damages. Focusing on your recovery is essential, but you should also reach out to our lawyers to file a lawsuit.
Car accident claims start not when the lawsuit is filed but when the crash occurs. Start building your case by reporting the accident to law enforcement and getting medical treatment on the scene. Photos from the scene will also bolster your claims of how the accident happened. Our team will use this evidence to assess your damages and prove your injuries are serious enough to file a lawsuit. While you are recovering, our team will negotiate with the other side, making it clear that we are ready for trial if they fail to make a fair offer to settle.
Call Agrapidis & Maroules, P.C. at (201) 777-1111 for a free case assessment with our car accident attorneys.
Common Steps to Take Before Filing a Car Accident Claim in Montclair, NJ
There are a number of steps to complete before and after filing a lawsuit. However, you can take several important steps before meeting with our car accident attorneys and officially filing your claim. Start by reporting your crash and gathering evidence on the scene. After that, get medical attention to document your injuries, which will be important for filing a lawsuit later. Once our team takes your case, we can explain what steps will come next and how we will prove your claim.
Report the Crash
Reporting your car accident is not just a good idea to document important details you might forget later, but it is also the law in most cases. Under N.J.S.A. § 39:4-130, parties in a car accident must report the accident if it involved property damage estimated over $500, injuries, or death. When reporting the accident, request both the police so they can investigate the crash and emergency medical services so you can begin documenting your injuries.
When the police arrive, explain how the accident happened, what you witnessed the other driver doing during and after the crash, and show them your injuries. You will likely not know the extent of your injuries, but tell the police what you can about them, like the pain you are experiencing. They will record this information in the report. Our team will collect the report and use it to highlight critical details and identify eyewitnesses who might support your case.
Preserve Evidence
You can start preserving evidence while still on the scene. Witness information should be in the police report, but that is not always the case, so talk to eyewitnesses if you can. There is no need to hash out the entire case there. It is enough to get their contact information and what they saw. Our team will contact them during litigation to gather their statements.
We also recommend using your smartphone to take pictures of the accident scene before it is cleaned up. Accident scenes are cleaned up very quickly so as not to endanger other drivers. If pictures of the damaged vehicles, debris, and other wreckage are not captured at that time, your word will be the only evidence that it was there. You can also photograph visible injuries.
You should also take pictures of the location to show the streets, traffic lights, and anything else that adds context. Our team will also go to the crash site to investigate, paying particular attention to homes or businesses that might have surveillance cameras that recorded the accident.
Document Your Injuries
Arguably, the most important step you can take before contacting our team is to get immediate medical care to document your injuries. Without medical records, you will lack evidence of the damages you suffered, which might prevent you from filing a lawsuit altogether. New Jersey is a no-fault state, so car accident victims must use their own insurance to cover some of their economic damages, including medical expenses and lost wages. They must file a lawsuit to recover any lingering financial losses and non-economic damages, known as “pain and suffering.”
However, victims with a limited insurance policy must have suffered “serious” injuries in the crash to file a lawsuit. Thus, medical records are critical to illustrate to the court that your injuries are serious and deserve compensation. If you selected a “no limitation” policy, you have an automatic right to file a lawsuit for non-economic damages, according to § 39:6A-8(b).
What You Can Expect After Filing Your Montclair, NJ Car Accident Lawsuit
Time is crucial since we potentially need to confirm the seriousness of your injuries and gather other evidence to prepare your complaint. Under § 2A:14-2(a), personal injury claims for a car accident must be filed within two years from the date the crash occurred.
After filing the complaint that details the accident and the damages we are requesting, the defendant will file an “answer,” either denying your claims or accusing you of causing the accident. If you have a limited insurance policy, we have 60 days from the answer to “certify” that your injuries are serious by submitting medical records.
The next step is “discovery.” During this process, our lawyers will gather additional evidence not preserved from the scene, including questioning the defendant under oath through written questions and in-person examinations. However, the defendant’s attorneys will have the opportunity to question you, which we will prepare you for. This way, each side operates on the same information, and settlement negotiations can begin in earnest.
Settlement negotiations are typically a back-and-forth process since insurance companies rarely offer compensation for your full range of damages at first. If an offer is lower than what you deserve, we can counsel you on going to trial instead. A trial might take more time and effort, but it is ultimately worth it if it covers your current and future losses.
Contact Our Montclair, NJ Car Accident Attorneys Today for Support
Call Agrapidis & Maroules, P.C. at (201) 777-1111 for a free review of your case with our car accident lawyers.