In response to accidents caused by negligence, victims can bring compensation claims against liable parties.
After accidents, victims should go straight to the emergency room so they get the proper level of care. You can call 911 so paramedics can take you to the hospital and law enforcement can start documenting the scene. Our attorneys can initiate your case soon after the accident so that you do not risk missing the two-year filing deadline, which would block you from recovering compensation from a negligent party despite their liability. To file your case on time, we must identify who is liable for your injuries, which we can do by looking further into the accident, interviewing eyewitnesses, reviewing surveillance footage, enlisting experts, and using other investigation tactics.
For a free and confidential case analysis from the personal injury lawyers at Agrapidis & Maroules, P.C., call us today at (201) 777-1111.
Where to Go from the Scene of a Personal Injury in Newark, NJ
Go to the emergency room from the accident’s location. Do not go to your general practitioner’s office thinking your injuries are minor, as doing so could limit your access to the resources and equipment necessary to diagnose serious injuries, like internal injuries.
When proving liability, our personal injury lawyers must show that the defendant’s negligence caused your specific injuries. If you delay care for whatever reason, your medical records might not align with the accident’s date, potentially hindering your ability to prove causation.
If you need immediate care at the location or transport to the hospital, call 911 and ask for paramedics to arrive. Depending on the situation, victims may benefit from involving law enforcement, such as after car accidents. Police officers can identify eyewitnesses, note victims’ injuries, and take photos of the location.
When you get to the hospital, tell emergency room doctors what happened and how you sustained your injuries. Physicians may run various tests to diagnose your injuries, like MRIs, CT scans, X-rays, and physical examinations, among other assessments. Some injuries might require immediate surgery or other urgent treatment, and going directly to the hospital can ensure you get the appropriate care and document it.
Our attorneys can help you obtain medical records from hospitals and physicians throughout your physical recovery. We can keep these records organized alongside proof of your medical bills to track economic damages from personal injuries. Our lawyers may also give your records to medical experts to review, as their testimony may help you get compensation for future medical damages or lost wages you have not incurred yet.
The Risks of Filing Personal Injury Claims Late in Newark, NJ
The most serious consequence of missing the filing deadline for personal injury lawsuits in Newark is losing your opportunity to recover compensatory damages from a liable party, which is not an option for injured victims.
In general, victims can only file injury claims during the two years following an accident, according to N.J.S.A. § 2A:14-2. Attempt to file later than two years and the court may dismiss your claim.
Filing many months after an accident but still within the window of opportunity could present additional hurdles for victims. For example, if you wait to start your claim, you might have issues recovering evidence that could otherwise establish liability, like eyewitness statements or surveillance footage.
Our attorneys can help victims eliminate these risks by immediately calculating the filing deadline based on the date of the accident. According to § 2A:14-21, certain factors could change the accrual date for the statute of limitations, such as if a victim was under the age of 18 when injured. In cases of delayed discovery of injuries due to negligence, the accrual date is typically the date of discovery, not the date of injury.
We can identify the final date by which you can bring your lawsuit and proceed accordingly, ensuring we file before that time so you do not miss your chance to get compensatory damages.
Identifying Who is Liable for Personal Injuries in Newark, NJ
Even when liability appears clear to victims, accidents often require further investigation to determine whether or not multiple parties might share responsibility for a victim’s injuries and subsequent damages.
For example, suppose another driver struck you. At first, it might seem like they hit you because they were speeding and did not stop in time. While that might be true, it could be that their brakes failed, contributing to the accident. In such situations, the brake manufacturer might share liability for a victim’s injuries. Or, if the driver was operating a commercial delivery truck when they hit you, their employer might be responsible for your damages because of vicarious liability.
The same is true for premises liability claims involving negligent employees, like restaurant servers or staff who ignore hazards like spilled drinks, resulting in slipping risks for patrons. Restaurant owners would be liable for damages in these cases, potentially leading to larger settlements for victims.
To identify all potentially liable parties, our attorneys can start investigating the accident immediately, beginning with interviewing eyewitnesses. Conducting eyewitness interviews quickly is crucial, as plaintiffs risk eyewitnesses’ memories fading over time. Our attorneys may also review any available video footage and photos from the scene, which we may provide to a crash reconstruction expert if appropriate in your case. If police officers respond to the accident location, we can review their resulting incident report and talk to officers about their impressions of the site.
Determining and proving liability is crucial so that victims can recover compensation. A portion of fault might be attributed to the plaintiff if they do not show that the defendant is wholly liable, potentially lowering their award according to § 2A:15-5.1.
Call Our Lawyers to Discuss Your Injury Claim in Newark, NJ
For a free case assessment from our personal injury lawyers, call Agrapidis & Maroules, P.C. at (201) 777-1111.