Getting into a car accident is distressing and confusing. You may be dealing with serious injuries that cost thousands of dollars in medical bills and force you to take time off of work, as well as significant physical pain and emotional distress. Our attorneys can help you move forward.
If you or someone you love was recently seriously injured in a car accident, contact the New Jersey car accident lawyers at Cerussi & Gunn, P.C. We are passionate about protecting the rights of injured car accident victims and their families throughout New Jersey. Our lawyers can pursue the justice and financial compensation you deserve.
Auto accidents are so devastating because they can injure virtually every part of the body. Many car accident victims suffer injuries to multiple parts of the body at the same time. This can lead to greater pain and suffering and longer recovery times. The gravitational and kinetic energies of a vehicle collision can cause many serious and life-changing injuries to victims, including:
At Cerussi & Gunn, P.C., our personal injury lawyers have experience representing car accident victims with all types of injuries. We will fight for the financial compensation you and your family need to pay for 100% of your past and future medical bills, as well as other expenses related to your severe injuries. If you are not sure whether or not your injuries are serious enough to require legal representation, tell us your story during a free consultation to find out.
Many car accident victims make the mistake of dealing with insurance companies and injury claims on their own, unrepresented, out of a misconception that hiring a lawyer will cost too much. This can lead to accepting less than the true value of the case. With the right attorney, however, cost does not have to be a concern.
Find a lawyer who operates on a contingency fee basis for affordable rates. At Cerussi & Gunn, P.C., our attorney’s fees are contingent upon us winning your auto accident case. This means you will not pay our lawyer for services unless we win your case – no catches or hidden fees, guaranteed.
If your lawyer does secure financial compensation for your car accident case, you will pay directly from the settlement or verdict won rather than paying out of pocket. This ensures you always have the economic ability to pay your attorney. The percentage of your award that will go to attorney’s fees is predetermined and agreed upon by you and the lawyer before the start of your case.
Filing a car accident claim in New Jersey can lead to the financial compensation you need to pay your bills, get out of medical debt and get your life back on track after a bad collision. Your auto insurer or the insurance company of the at-fault driver may be financially responsible for many different past and future losses, not just medical costs and property repairs.
A successful car accident claim in New Jersey could lead to compensation for:
Before you accept a settlement from an insurance company, consult with an attorney about the value of your case. Every auto accident claim is unique. A lawyer can evaluate the worth of your case based on factors specific to you, such as the gravity of your injuries and your age, income and health. You can trust the evaluation you receive from an attorney, as he or she will want to maximize your financial recovery.
New Jersey is one of only 12 no-fault car insurance states in the US. This law means that regardless of who caused your auto accident, you will seek financial compensation from your own auto insurance provider. All drivers in New Jersey must purchase personal injury protection (PIP) car insurance to pay for their medical expenses after auto accidents. Your PIP insurance will pay for your medical costs even if you were not at fault.
With New Jersey’s no-fault law, you may not need to determine liability to obtain financial compensation for your auto accident. If, however, your injuries are serious or your insurer denies coverage, you may be able to hold the at-fault party legally accountable. New Jersey’s insurance law allows you to file a lawsuit if your injuries meet the serious injury threshold.
A serious injury under state law is permanent disability, significant scarring or disfigurement, broken bones, loss of limb, loss of an unborn child, or death. If you have a serious injury or a loved one died in an auto accident in New Jersey, you or your lawyer will need to identify the liable party. This is the driver or party most responsible for causing your car accident.
Proving someone else is liable for an auto accident requires gathering evidence to demonstrate that he or she caused your wreck. The four elements of proof are duty of care, breach of duty, causation and damages. You or your attorney will need to show that the defendant failed to act in a reasonable manner and that this caused the crash.
Evidence is an essential part of any personal injury claim. The burden of proof in a car accident case is a preponderance of the evidence. Preponderance of the evidence in personal injury law means enough clear and convincing evidence to fulfill the evidentiary standard of “more likely than not” – the defendant was more likely than not responsible for the crash.
You and your attorney can work together to gather evidence that will support your claim against the defendant(s), such as:
A car accident lawyer in New Jersey can revisit the scene of your accident, obtain copies of the police report and hospital records on your behalf, depose witnesses, and take many other steps to gather evidence in support of your claim. Then, your lawyer can present this evidence to an insurance company, judge or jury on your behalf.
No, you are not required to go to court if you file a car accident claim in New Jersey. In fact, the vast majority of car accident cases never see the inside of a courtroom. Most cases end at the insurance stage with a settlement agreement. A settlement agreement is a legally binding contract signed by you and the defendant agreeing to release the defendant from liability in return for a certain amount of financial compensation for your losses.
If the insurance company refuses to offer an acceptable amount for your losses, you may need to go to court to obtain the outcome you deserve. Although you most likely won’t go to court, you should still hire a lawyer with trial capabilities. A lawyer with a history of going to trial can pressure an insurance company to offer a greater amount for your damages, as the insurer will want to avoid the costs of a court case.
The answer to this question depends on your specific car accident case. Insurance companies have deadlines by which they must respond to claims, investigate accidents, and accept or reject coverage. This makes a settlement move faster than an injury trial.
Most car accident cases that settle pay injured victims within about three months of filing the claim. Your case may take longer, however, if the insurance company requests more time to investigate. This may be necessary if your claim involves complications, such as:
If your car accident case has to go to court in New Jersey, anticipate a legal process that could take one year or longer. The length of time for a trial is longer than a settlement due to processes such as the discovery phase, depositions and jury selection. You will also have to wait for an available court date, which could take several months depending on where you live. It is difficult to estimate a timeline for your case without speaking to an attorney.
Yes, there is a time limit to file a personal injury claim in New Jersey. It is crucial to obey your time limit if you want the courts to accept your case. The courts are very strict when it comes to enforcing the statute of limitations. In New Jersey, the statute of limitations is two years for a personal injury claim. If you wish to bring a lawsuit for only property damage to your vehicle, however, you have six years from the date of the auto accident to file.
For the most part, the clock starts ticking on the date of the car accident. If you have injuries with delayed symptoms, however, the clock won’t start until the date of injury discovery. There are other exceptions to the rule, as well. For example, if the injured victim is a minor under the age of 18, he or she will have two years from his or her 18th birthday rather than two years from the date of the car accident.
There are also exceptions to the rule that can shorten the statute of limitations. If a government entity is at fault for your car accident, you will only have 90 days to file your claim. If an on-duty police officer caused your car accident, for example, you would have 90 days to file your claim against the correct government agency.
A number of factors could affect your time limit to file an auto accident claim in New Jersey. Speak to an attorney as soon as possible after a car accident to make sure you do not miss your deadline.
If you or a loved one has injuries from a car accident, you have legal rights and options. You do not have to face the future alone. Hiring a skilled and compassionate car accident lawyer in New Jersey can help you fight for the case outcome you need to move forward with peace of mind.
The attorneys at Cerussi & Gunn, P.C. care about car accident victims in New Jersey. Find out how we can help you during a free and confidential initial consultation. We will answer your questions, provide tailored legal advice and help you understand what steps to take next. We are here when you need us most. Call (732) 936-9920 or contact us online 24/7.