After an accident, a person’s life can be turned upside down trying to manage their recovery and the emotional fallout of dealing with their injuries. Fortunately, our attorneys can help you get compensation for your losses.
Car accidents often bring victims to our offices in need of help. Even a minor fender bender can be an uphill battle without legal counsel. No-fault car insurance rules can limit a victim’s right to file a lawsuit and will not cover all damages. We can explore the exceptions to this rule so that you can recover your full damages. We can also explain how to get justice if your loved one was taken from you by filing a wrongful death claim, which can provide for the losses your family will contend with. If you injured yourself on another person’s property because of their carelessness, we can help hold the property or business owner responsible.
To receive a free case review with our skilled personal injury attorneys, call Agrapidis & Maroules, P.C. today at (201) 777-1111.
Types of Personal Injuries that We Can Help You Recover Compensation for in Plainfield, NJ
Personal injury lawsuits can typically be categorized by type, like those for vehicle accidents, slip and falls, and wrongful deaths. If another person injures you or causes the death of a loved one, you need a legal team with the experience to understand your accident and the damages that will help compensate. Our knowledgeable personal injury lawyers can accurately assess your losses and identify any challenges that could jeopardize your recovery. After reviewing the details, we can also estimate how long your claim might take.
Vehicle Accidents
For instance, vehicle accidents are arguably the most common reason to file a lawsuit. However, a claim against even a single driver can be challenging because of New Jersey’s no-fault rules. This system limits vehicle accident victims’ right to file a lawsuit under N.J.S.A. § 39:6A-8 unless they have a “right to sue” insurance policy or sustained “serious injuries” in the crash. You need an attorney who knows how to prove that your injuries are serious and the tight deadlines to do it.
Of course, vehicle accident cases can be even more complex when they involve several defendants or commercial drivers. For example, if a negligent truck driver injured you, our team knows that the trucking company can also typically be held liable for their driver’s negligence under “respondeat superior.” If the driver was an independent contractor, we can file against them individually and determine whether a third-party company bears some liability. We also understand the special “sovereign immunity” rules that protect government drivers from responsibility and how to hold their employing agency accountable.
We can also help pedestrian accident victims understand their rights if a negligent driver hits them. Many injured pedestrians are unaware that the abovementioned car insurance rules will impact their cases. Fortunately, we can help injured pedestrians navigate the best paths to get full coverage for their damages.
Premises Liability
“Premises liability” lawsuits are those filed against property owners, business managers, and others for causing accidents on their property. Slip and fall accidents are among the most common reasons for these claims. Sometimes, the responsible party does not make reasonable inspections for dangerous conditions that can potentially injure a guest. Other times, they do not provide adequate warning to those on their property about known dangers. For instance, a store employee might have cleaned a spill but failed to put up a “Wet Floor” sign to warn patrons.
After being injured on another person’s property, especially a commercial property, report the accident to the property owner or manager on duty. Reporting the accident immediately after it happens will help establish the seriousness of the incident. Internal company reports and communications about the accident can be used as evidence later in your claim.
Wrongful Death
Fewer lawsuits are tougher than ones involving the wrongful death of a family member. Not only is the emotional toll significant, but the state’s wrongful death laws make it difficult to determine how to get justice on your own. Our team has decades of experience handling these sensitive lawsuits and can explain which family members can be compensated and how.
Wrongful death lawsuits are actually a mix of two actions, known as “wrongful death” claims and “survival” claims. However, family members are not the ones who are legally permitted to file these claims. Instead, the deceased’s executor or personal representative must file the action under § 2A:31-2(a) and § 2A:15-3. Still, our lawyers can support you by either helping with the estate if you were named as executor or requesting that the court appoint you as your lost loved one’s personal representative.
We will also thoroughly explain what damages can be claimed in each type of action and how it will be distributed. In general, close family members, like spouses and children, will typically be the recipients of a wrongful death claim’s damages. Compensation from a survival action will be distributed as per the deceased’s will or state intestacy laws.
When to File a Personal Injury Claim in Plainfield, NJ
After quickly overcoming challenges to filing a lawsuit, we must determine how long you have to file under the “statute of limitations” so that your claim is filed in time. Under § 2A:14-2(a), personal injury victims generally have two years from the date they are injured to file a lawsuit. This is less time than some other states allow, and your case will be thrown out of court if filed after the deadline.
Time will be even more critical if your lawsuit is against a government agency. Government defendants must be notified of a potential legal claim within 90 days before the case can proceed, as per § 59:8-8. If they do not approve the claim after six months, we will file your case with the court.
Call Our Personal Injury Lawyers in Plainfield, NJ Today for Help
Call (201) 777-1111 for a free case assessment from our personal injury lawyers at Agrapidis & Maroules, P.C.