Seemingly accidental injuries can often be traced back to acts of negligence, which typically entitles victims to file lawsuits for compensatory damages.
When assessing your case, our attorneys will first confirm whether you have a cause of action. To do this, we must determine whether the other party breached the duty of care they owed you and caused your injuries. The statute of limitations for personal injury lawsuits is typically two years from an accident’s date, and we can ensure your case gets filed on time and in the appropriate court. Our lawyers will also preserve and collect relevant evidence, like eyewitness statements and victims’ medical records, so we are prepared to negotiate fair settlements for plaintiffs in West Orange.
For a confidential and free case review from Agrapidis & Maroules, P.C., call our personal injury lawyers today at (201) 777-1111.
Navigating Your Personal Injury Claim in West Orange, NJ
Our attorneys can help you navigate all aspects of your personal injury case, beginning with confirming you have reason to sue. We can determine the final date by which you can file your lawsuit, preserve evidence at risk of being lost or destroyed, collect relevant medical records, and take the necessary steps to file your case in court and recover compensation on your behalf.
Confirming You Have a Case
After you approach our attorneys with your case, we will review the circumstances of your accident to determine if you have a cause of action – what we commonly call a “case.” You will likely have a cause of action if someone else’s negligent, reckless, or intentional act injured you. For example, you may have reason to sue a negligent driver who breached their duty of care by speeding, drunk driving, or making an illegal turn. With car accident cases specifically, confirming if victims have a cause of action can be challenging since New Jersey is a no-fault state. Generally, drivers with the limitation on lawsuit option for their personal injury protection insurance may only file lawsuits after suffering serious injuries listed under N.J.S.A. § 39:6A-8(a).
There are many other types of accidents in which victims could be injured due to negligence, such as slips and falls caused by hazardous property conditions. Other motor vehicle accidents, like those involving large trucks or pedestrians, could also be disastrous for victims, leading to life-altering injuries that warrant compensation.
Confirming when your case of action accrued will inform us of the filing deadline for your case. According to § 2A:14-2, victims of personal injuries typically have two years from the date of injury to file their lawsuits in court, and we can ensure this happens timely so you do not lose your chance to get compensation.
Preserving Evidence
After determining that the other party breached their duty of care when injuring you, making them liable for your damages, we will focus on preserving evidence, namely eyewitness statements. Victims who can talk to witnesses after incidents can request their names and phone numbers and pass that information along to our attorneys. We can schedule interviews promptly so there is little chance of witnesses forgetting crucial details before we take their statements. This can lead to eyewitness testimony if your case goes to a trial in West Orange.
Collecting Hospital Records
We can also request and organize all your hospital records after an accident, beginning with any care you received from paramedics on the way to the hospital or when you arrived at the emergency room. These records can show the exact date and manner in which you were hurt, as well as your immediate physical injuries and necessary treatment. Ongoing medical records will shed more light on these matters, so do not stop your treatment against doctors’ advice, as this could lead to insufficient medical evidence.
Tracking Damages
Tracking your damages closely is also vital, as this will allow us to accurately calculate your losses due to negligence. While hospital expenses might be the biggest costs victims incur, many also experience lost wages and emotional distress. We can monitor tangible damages that come with concrete bills or invoices and quantify intangible damages that do not come with a price tag, like mental anguish after suffering disfiguring, permanent, or other distressing injuries. To solidify compensation requests for non-economic damages, our personal injury lawyers may urge victims to testify if their cases go to trial. This can impact the juries that hear and decide lawsuits, convincing them to award greater non-economic damages.
Writing a Complaint
The next step is writing the complaint, which will start your case in court. Remember, we must file a complaint within two years of an incident unless an exception to the statute of limitations applies. Furthermore, injury complaints must contain specific details about an accident, its cause, and the victim’s injuries. Otherwise, judges could dismiss them, forcing plaintiffs to restart the process. We can ensure the complaint filed in court is accurate and thorough, so you do not run into any roadblocks at this early point in your case.
Negotiating a Settlement
Once complaints are filed, defendants often respond with settlement offers, particularly if they want cases to stay out of court. Going to a trial will allow us to show the jury evidence of the defendant’s liability, and defendants might initially offer lower settlement offers in case plaintiffs accept them. This would stop a lawsuit, and the amount you accept would be the amount you receive. Unfortunately, accepting a lower settlement could leave certain damages uncovered, putting you in a difficult situation in the future if you need additional care or cannot return to work as soon as you anticipated. We can leverage evidence during settlement discussions to negotiate a fair amount on your behalf. We can also identify if the defendant is intentionally stalling negotiations or being non-communicative and take your case to a trial if necessary.
Call Our Injury Attorneys for Help in West Orange, NJ Today
Call Agrapidis & Maroules, P.C. at (201) 777-1111 to discuss your case for free and confidentially with our personal injury lawyers.