Few accidents are as damaging for victims as car crashes, losses from which may be recoverable in lawsuits filed against negligent parties.
Before bringing a case, we must confirm the victim’s injuries and that they meet the requirements to file a lawsuit for all damages. This will require certified medical evidence from physicians who have treated you, which we must submit to the court soon after filing the case. The complaint we submit must name the plaintiff and explain their cause of action. We will request relief from the liable party in the complaint based on the proof of damages we have compiled. Asserting non-economic damages and proving pain and suffering may require expert witness statements, and our lawyers can monitor all recoverable financial damages accordingly as well.
Call Agrapidis & Maroules, P.C. to get help with your case from our car accident lawyers at (201) 777-1111.
Confirming Your Injuries Before a West Orange Car Accident Claim
It is vital to know your exact injuries and how they have impacted your life before submitting an injury claim. Otherwise, proving damages from the accident could be challenging, or you might be unable to certify that you pass the serious injury threshold.
Many drivers in New Jersey choose to purchase the limitation on lawsuit option for their personal injury protection (PIP) insurance. As the name suggests, this type of PIP restricts when carriers can sue negligent drivers and determines eligibility based on the injuries victims sustain. Pursuant to N.J.S.A. § 39:6A-8(a), the serious injury threshold includes displaced fractures, dismemberment, significant scarring or disfigurement, loss of a fetus, death, and other permanent injuries confirmed by physicians. Victims who have the no limitation on lawsuit option for their PIP can sue without meeting the threshold, though this type of coverage is less common.
Going to the hospital right after a collision is essential if you have injuries that need treatment; otherwise, proving causation and that you were injured during the specific accident involving the defendant could be more challenging. Some injuries might worsen if not immediately treated, which could complicate determining liability for certain medical damages, so do not delay care if you are hurt.
Our lawyers must show that you pass the serious injury threshold with certifications from your treating physician within 60 days of the defendant answering the complaint. Because of this, preparing these certifications and any supporting clinical evidence confirming your diagnosis is crucial. Otherwise, the court might dismiss your claim if you do not show you pass the serious injury threshold soon enough after filing.
Overcoming the serious injury threshold is only an initial step in asserting your injuries and getting compensation; our car accident lawyers must still prove that the defendant’s negligence harmed you in court. This will require other evidence in addition to your medical records, such as eyewitness statements, photographs, and property damage documentation.
Writing Injury Complaints After Car Accidents in West Orange
Lawsuits officially begin when plaintiffs file claims in court and the court accepts them. Complaints must contain certain information and have deadlines for filing.
Injury complaints start with naming the plaintiff and defendant and summarizing the cause of action. In car accidents, victims typically have a cause of action when other drivers breach their duty of care and injure them. We will explain what the defendant did wrong, the accident’s sequence of events, and your resulting damages. We will then request relief for those damages, which will likely be both economic and non-economic.
Incomplete complaints could be dismissed, as could any filed late. The statute of limitations for motor vehicle accident lawsuits is two years, according to § 2A:14-2. Immediately, we can determine the deadline for your case based on the accident’s date, so we know how to proceed. Any unnecessary delays could cause problems preserving and collecting vital evidence, making it harder for victims to prove liability in their lawsuits.
Proving Pain and Suffering from West Orange Car Accident Injuries
Any time a victim suffers a serious injury, they likely also deal with pain and suffering. This is typically both physical and emotional and could last for months or years. Quantifying intangible damages is often challenging, and victims who underestimate these losses risk agreeing to poor settlement proposals in West Orange.
Our attorneys may use several tactics when proving victims’ pain and suffering. For example, having plaintiffs give personal testimonies about their mental anguish or emotional distress can compel juries to increase their awards. As can testimony from therapists and expert witnesses who have evaluated plaintiffs and can attest to their anxiety, depression, or other struggles connected to their injuries and the trauma of the crash.
Multiple calculation methods exist to quantify non-economic damages, starting with the per diem method. This method operates by giving the victim’s pain and suffering a daily rate and multiplying that rate by the number of days they will incur non-economic damages. The multiplier method uses victims’ economic damages and a multiplier of 1.5 to 5 to calculate pain and suffering. Generally, the larger the multiplier, the more severe the victim’s injuries.
We can remind you of your non-economic damages during settlement negotiations after we file your lawsuit, during which the opposing side might propose a seemingly large lump sum offer. Few initial out-of-court settlement proposals compensate victims for their total non-economic damages immediately, and additional negotiations are typically required to increase offers and ensure plaintiffs’ fair recoveries. Compensation should also cover all economic damages from the collision, namely your medical bills, lost wages, property damage costs, and any other major expenses related to the collision or your injuries. We can focus on itemizing and tracking these losses on your behalf so that you do not lose track.
Get a Free Case Review from Our Attorneys in West Orange
Call Agrapidis & Maroules, P.C. for a free case evaluation from our car accident lawyers at (201) 777-1111.