The person who injured you may be responsible for covering them and any damages they cause you. Negligent parties are held liable through lawsuits, which our lawyers can help victims prepare, file, and see through so they get the warranted compensation for tangible and intangible harms. We can also explain the many complicated aspects of injury cases so victims know what is happening at each stage of the recovery process.
Immediately, we can confirm the filing deadline for your case, which will likely be two years from the day you were injured, barring some exceptions. Although two years may seem like ample time, using it to its fullest is paramount. Otherwise, victims might present weak claims despite filing within the statute of limitations, which our lawyers can prevent. We can also explain what it takes to prove liability in personal injury claims, satisfying the necessary elements if your lawsuit goes to trial. Many cases settle out of court, and we can prepare negotiation strategies and implement tactics that lead to a larger recovery for you.
Schedule a free review of your case from Agrapidis & Maroules, P.C. by calling our personal injury lawyers today at (201) 777-1111.
What to Know Heading into Your Personal Injury Case in Rahway
When approaching a personal injury lawsuit, there are many matters that are important for plaintiffs to understand and be prepared for. For example, knowing the filing deadline is vital, as missing it would make you lose your chance at any recovery. Appreciating what it takes to prove liability at a possible trial is also necessary, even if your lawsuit settles out of court. Regarding settlements, our attorneys may identify effective strategies to use based on your specific case, employing them throughout negotiations to get better offers.
Identifying and Following Your Filing Deadline
Initially, we will determine the filing deadline for your case, which will likely be two years from the date you sustained your injury, according to N.J.S.A. § 2A:14-2. There are exceptions to this, such as if victims could not discover their injuries right away or if they were minors or mentally disabled when they were injured. Even if exceptions that would possibly change your filing deadline apply, assume you only have two years to file and consult with our attorneys well in advance of that filing deadline. Victims who miss the deadline, even unintentionally, may be barred from getting any compensation for injuries and other damages. Even if the statute of limitations is ending soon, our personal injury lawyers can help you build a case to file before the time to sue runs out.
Appreciating and Meeting Standard of Proof
Appreciating what it may take to get the compensation you require during a trial is also important. Injury lawsuits that go to court must satisfy a standard of proof known as a “preponderance of the evidence.” This means plaintiffs must prove it is more likely than not a defendant caused their injuries. This requires our lawyers to prove four specific elements, the first being that the defendant owed the plaintiff a duty of care. This means that the defendant had a responsibility to consider your safety with their actions, whether because they were driving on the same road as you, owned and operated a restaurant you ate at, or were your doctor during a medical appointment.
We must then show how the defendant proceeded to breach their duty of care through their negligent or reckless act or failure to act. In a motor vehicle accident case, a defendant might be liable for a victim’s injuries because they were texting while driving when they hit them. The next step is proving causation or that the defendant’s negligent conduct directly caused the injuries you are seeking damages for. Statements from eyewitnesses who were present during the event and medical records from soon after can help satisfy this element.
Lastly, we must prove you incurred damages as a result of the accident. The copies of medical bills, evidence of missed income, and documentation of property damage or other miscellaneous expenses can act as proof of damages, asserting your need for compensation from the at-fault party.
In addition to eyewitness statements and victims’ medical records, testimony from expert witnesses, photographic evidence, and video footage are other examples of useful evidence in personal injury claims that can enable our attorneys to meet the standard of proof at trials.
Identifying Effective Settlement Negotiation Strategies and Tactics
When entering settlement talks, our lawyers can prepare specific negotiation strategies, which may vary from case to case. What remains the same is calculating victims’ damages before filing lawsuits and entertaining settlements. This not only gives the defendant a clear idea of your expected compensation before filing, but it also lets you know what you deserve so you do not accept an unfair offer right out of the gate.
Identifying the most compelling evidence of negligence we have and leveraging it over the defendant in settlement negotiations may yield better offers that require few concessions on your behalf, if any. This could leave you with a fair recovery while saving you the time and resources associated with going to trial. However, if offers do not increase from initial unfair proposals, we can change directions and go to court. Sometimes, even the indication we will go to trial will generate better offers from negligent parties.
We can also anticipate the defense raising comparative fault arguments in settlement negotiations, addressing them head-on with evidence that would refute such claims at trial, like eyewitness statements. Not strategizing for this possibility could leave victims at risk of only recovering some of their damages, as successful comparative fault defenses might enable defendants to avoid covering all victims’ expenses at trial.
Call Our Lawyers in Rahway About Your Accident and Injury Case
Get a free assessment of your case from Agrapidis & Maroules, P.C. when you call our personal injury lawyers at (201) 777-1111.