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Getting into a car crash is the last thing anyone plans for. And when that car wreck is very severe, victims will have many different things to deal with. If you were injured in a car accident, you may find it tough to focus on recuperating when you have to organize paperwork and file legal claims. Here at Davis & Brusca, LLC, we believe that you deserve to heal without the stress of wondering whether you’ll get financial compensation for the losses caused by the crash.
When you’re facing the aftermath of a crash, the top Trenton, NJ car accident lawyers from Davis & Brusca can be your best ally. We help our clients seek the compensation they need and deserve so that they can get back to their lives as soon as possible. The goal of a personal injury settlement is to help you pay for your medical needs and the damage done to your vehicle, help replace your lost wages, and restore some balance to your life for the pain and suffering you have and likely will continue to endure.
Liability (or “fault”) is one of the biggest factors impacting how an accident claim is handled. An attorney will assess what arguments for “fault” can be made for all parties to the accident. A good plaintiffs’ attorney will anticipate the arguments the defendant’s attorney will likely make to blame you, and analyzes how to counter that position. The impact of these “blame the plaintiff” defense schemes will vary from state to state depending on how “comparative fault” is handled in the state where the crash occurred. In some states, a plaintiff is only permitted to if you are completely blameless. In others, you can recover even if you are the one who bears the most blame for the crash. New Jersey falls in the middle. In New Jersey a person is permitted to seek compensation for accident related injuries so long as the other person(s) are more responsible than them in causing the crash. In any event, unless you are completely blameless, determining the cause of the accident will be a key step which any trusted Trenton, NJ car accident lawyer will focus on when building a legal case.
Poor decision making, (such as speeding or making illegal maneuvers on the road), distractions, poor road conditions, fatigued driving, human error, and inclement weather conditions are all common causes of car accidents. Other factors can also include failures of equipment and auto parts, such as tire blowouts, failure of brakes or steering controls. Infrastructure hazards, such as construction site debris, damaged road signs, and poor road design might also play a role in an accident, and TEXTING WHILE DRIVING is a modern day menace which can every bit as dangerous as drunk driving! Learn more about Texting and Driving.
The NJ car accident lawyers at Davis & Brusca know that there are cases where concrete evidence of “fault” simply does not exist. In these cases, thorough research and experience are critical to proving which party is legally responsible. This is when you need an experienced car accident lawyer to evaluate your case and determine whether its realistically possible to hold another party accountable. The top NJ car accident lawyers at Davis & Brusca can help you by collecting evidence, interviewing witnesses, organize medical records and doctor evaluations, and building a winning case.
The aftermath of an accident in which you have sustained an injury can be very confusing and frustrating. Not only are you receiving treatment in an effort to recover from the accident, but you are also trying to navigate insurance claims and legal issues at the same time. Here are some important steps to take, and some guidance to help you avoid common pitfalls and mistakes:
If it is feasible, speak with a NJ car accident lawyer right away; preferably before you consider talking to the other party’s insurance company. Speaking with the other insurance company is not always a good idea. Conversations are tape recorded and your personal statements can potentially be used against you. It is generally a better idea to have an attorney speak for you. After all, there may well be no legal duty for you to speak to the other insurance company at all! Call the Trenton, NJ car accident lawyers at Davis & Brusca today for advice on how to comply with your obligations without hurting your case.
You’ve probably heard the expression “its not what you say, its how you say it.” This is VERY true when it comes to the statements you make after a car crash. You must realize that your words you use, to the police and others, will be scrutinized by the defense team and the other insurance company. They will likely not concern themselves with what you “meant to say;” rather, they will probably simply focus on how your actual words can be twisted to benefit them and their theory of the case. As such, you must realize that anything you say which could be interpreted as accepting fault for the accident may negatively affect your case, from reducing the damages you can recover to barring you from filing a claim altogether. When speaking after a crash, its best to only speak when necessary and, even then, stick to the facts.
Our Trenton, NJ car accident lawyers stress the importance of documenting everything involving the accident. Take pictures of the scene if it is safe to do so. Obtain contact information from eyewitnesses so that statements can be taken. Retain records of the bills for any medical treatment you receive. The more evidence you can obtain, the more ammunition you’ll have to support your claim during settlement negotiations and/or litigation
Don’t believe insurance adjusters when they tell you that you do not need a car accident lawyer. What they actually mean, is that they do not want you to hire a car accident lawyer, because statistics show folks who are represented recover more for their injuries. In short, if you have a lawyer, the insurance company will likely end up having to pay out more money. Many insurance adjusters receive bonuses based on minimizing payouts in settlements, and virtually all of them are reviewed based upon those payouts. So, the adjuster likely has a vested interest in convincing you not to hire one of the top car accident lawyers Trenton, NJ turns to for help, such as the team of lawyers at Davis & Brusca.
Research your attorney to learn more about his or her experience and record of success. Make sure their overall approach, including how they will keep you informed, matches with your needs and goals. Also, be sure you understand how the attorney’s compensation will be sorted out. Many personal injury lawyers, including Davis & Brusca, charge no fee unless your case is successful.
An insurance adjuster may sound friendly and sympathetic on the phone, but make no mistake: he or she is generally not on your side. The insurance adjuster may not even be “on the side” of the party they insure!. Rather, its best to presume that every adjuster’s loyalty lies with the insurance company that employs them, and that his or her objective is to maximize profits for that insurer and its stockholders.
In many cases, the liable parties (or their insurance companies) are willing to negotiate a settlement to close the case. Statistically speaking, most cases settle and very few claimants need to appear in court for trial. However, it’s still important to have a car accident lawyer who isn’t afraid to fight in court if necessary, and who is known by the insurance companies as someone who tries cases and knows what they are doing in court. The lawyers at Davis & Brusca have a record of success in court, and this kind of record can help drive better settlements and also gives you options if the compensation offered by the insurance company is not fair given the facts and circumstances particular to your case.
At Davis & Brusca, LLC, we genuinely care about our clients and put their well-being as our first priority. We know the benefits which flow hiring a top lawyer, and we are proud to be and experienced car accident lawyer Trenton, NJ residents trust. To set up a free consultation with our team, call our office today.
Our Trenton, NJ car accident lawyers know that a crash can be devastating, and that victims often face a number of hardships in the days, months and years after a wreck. We appreciate the confusion you face, that you may not know where to turn or what to do next, especially if the injuries you suffered were significant. The Trenton, NJ car accident lawyers at Davis Brusca, LLC know that you likely have a number of questions and our highly experienced team is proud to be here for you in your time of need.
Here are some answers to questions you likely have:
Yes; but this likely doesn’t mean what you think. “No Fault” does not mean that fault is irrelevant to the case. Rather, that term focuses on who is responsible for paying for the medical bills caused by the car wreck. If you have (or are required to have) car insurance in your household, it is that car insurance which will be responsible for authorizing your medical care and paying for the medical bills related to the injuries from the crash. You will need to cooperate with your insurance company, including giving them timely notice of the crash and your injuries. Failure to cooperate can provide the insurance company with a way to deny your claim, and failing to carry no-fault (a/k/a “PIP”) insurance when it is required by law can be a complete barrier to a claim for “non-economic damages” (a/k/a “pain and suffering”). However, it’s important to note if your insurance does not cover all of your expenses following the accident, you may have the ability to take legal action to recover damages beyond your bills. Every case is unique. To find out more, contact one of the top auto accident lawyers at Davis & Brusca today.
In order to successfully recover damages, you must be able to establish that another person or persons were “negligent” and that their negligence caused you harm which is compensable under the law of your state. In “no fault” states like NJ, the process of getting payment for your medical bills is usually much more straightforward and may stand separate from a claim for pain and suffering. The elements of a claim for negligence are:
While these issues may seem straightforward, proving them in court can be tricky and complex. The team of Trenton, NJ car accident lawyers at Davis & Brusca want you to know that you may benefit from a skilled lawyer’s assistance even where your claim seems simple. This is especially true when negotiating with insurance companies or pursuing a legal claim in court against the driver responsible for the wreck.
Winning cases are built on a strong foundation of admissible evidence. The specific evidence needed to build a strong case varies tremendously from case to case, but it will be important to identify not only what happened, but also who the injured person was before the wreck happened, so the jury can fully appreciate how the wreck and the injuries sustained changed their life. At Davis & Brusca, our skilled Trenton, NJ car accident lawyers can assist you by helping gather evidence that can support your case.
However, our team will also look for unique proofs which hi-light the full impact of your injuries on your life and the lives of those closest to you.
Navigating the legal process and dealing with insurance companies and the injuries caused by a wreck can be complicated. Moving forward without the assistance of a car accident lawyer may potentially make things more complex and stressful. Working with a trusted car accident lawyer from Trenton, NJ, like the team at Davis & Brusca, can help protecting your rights and ease your burdens by taking action for you.
Considering that New Jersey is a no-fault state for car insurance, do you really need a car accident lawyer in Trenton, NJ to help you? The answer is always yes. There are several reasons why having the team at Davis & Brusca Trial Lawyers by your side can make a big difference.
A common mistake drivers make when trying to negotiate directly with the insurance company is forgetting to think about “what if.” When you’ve been in a car accident, the adrenaline can make you ignore injuries. Some lesions don’t appear until weeks or months later. One way a car accident lawyer in Trenton, NJ can help is taking into account potential injuries and other damages you may not think of personally.
Many insurance companies take things more seriously when they see you have an experienced car accident lawyer in Trenton, NJ representing you. They know they can’t pressure you or trick you because your legal team sees right through those tactics. At Davis & Brusca Trial Lawyers, we’re not afraid to go to court to help you get the compensation you deserve, so insurers may offer you a larger settlement to avoid legal problems.
New Jersey drivers often deal mainly with their own insurance company. Before you breathe a sigh of relief, however, you should know that most insurers care more about their own bottom line than your health. That’s why you want a legal team dedicated completely to looking out for your interests.
Another important reason to get a car accident lawyer in Trenton, NJ, is to protect your finances. Contacting a lawyer as soon as possible after you’ve been in a crash helps you know what steps to take and things to avoid. Legal mistakes can open you up to a civil lawsuit for damages. Of course, our team can defend you if that’s the case, but following your lawyer’s instructions helps you avoid many problems from the beginning.
With most car accident cases, an initial legal consultation and evaluation is free. A car accident lawyer in Trenton, NJ can let you know how strong your case is, what type of compensation you may be eligible for and what avenues may work for your case. You don’t lose anything by finding out more.
No matter the cause, getting injured in a vehicular collision is distressing. When another driver is responsible for your pain and suffering, though, the reason makes an enormous difference. Receiving compensation for your injury requires going to trial. You need a car accident lawyer in Trenton, NJ, to represent you. For that person to excel, there must be a complete understanding of what occurred. These are some triggers that may be to blame for the wreck.
According to Mothers Against Drunk Driving, there are more than 300,000 DUI incidents every day. There’s a great danger that one of those intoxicated operators will hit and injure an innocent person. Operating a vehicle while under the influence is illegal everywhere. Your odds of winning in court are much greater if your car accident lawyer in Trenton, NJ, finds proof that the defendant was over the legal limit.
Driver distractions create almost as many injuries as drunk driving incidents. Loud music, eating, and talking with passengers are common culprits. Chief among them is cell phone usage, which many cannot resist. Teens are particularly vulnerable to the lure of portable electronic devices. The moment someone looks away from the road, an accident becomes likely. Talk with the attorneys at Davis & Brusca Trial Lawyers if you believe the person who hit you was using social media or texting at the moment of impact.
Responsible drivers understand the importance of following the rules of the road. Unfortunately, it only takes one individual without respect for highway safety to cause a tragedy. Thoughtless operators weave in and out of traffic, speed, and blast through intersections. The threat of a moving violation can only do so much to inhibit such behavior. The message may not sink in, even after there’s an accident and Davis & Brusca Trial Lawyers have gotten involved.
Falling asleep at the wheel is as much a roadside menace as any other type of dangerous driving. According to the CDC, 4% of adult drivers reported dozing off while driving within the last month. Our fast-paced society and its pressures to accomplish more have undoubtedly contributed to this problem. For professional drivers, such as long-haul truckers, lack of sleep is a serious concern. Those stricken by a drowsy driver in the Garden State should contact a car accident lawyer in Trenton, NJ. Only by taking the guilty party to court can they get what they deserve.
The days following a car accident can seem dark and overwhelming. It can be difficult to decipher the best way to move forward without the guidance of a New Jersey car accident lawyer. At Davis Brusca, LLC, our team of top lawyers is experienced and dedicated to assisting you in reaching a favorable resolution in a timely manner. Contact one of our Trenton, New Jersey car accident lawyers for the help and get the support you need with your case.
If you live in the New Jersey area, you understand the traffic can be heavy. In particular, traffic is heavy on the Garden State Parkway. Therefore, car accidents happen far more often than they should. If you want to prevent a car accident from happening, you need to drive safely. If you are involved in a car accident, you need to reach out to a car accident lawyer in Trenton, NJ, such as a member of Davis & Brusca Trial Lawyers. What are some of the most common causes of car accidents in New Jersey?
If you are in a hurry, you might tailgate the person in front of you in an effort to get them to go faster; however, this simply makes it more likely for you to be involved in a motor vehicle accident. If you follow too closely, you do not give yourself enough time to react to changing road conditions. If someone stops short in front of you, you have a high likelihood of running into the back of them, which would be an accident that is your fault. Leave plenty of space between your car and the car in front of you.
Speeding is another common cause of car accidents in New Jersey. If there is heavy traffic, you might be late. On the other hand, you should never speed. If you speed, you give yourself less time to respond to emergencies on the road. If you are involved in a car accident, do not forget to reach out to a car accident lawyer in Trenton, NJ
Unfortunately, driving under the influence is another common cause of car accidents in New Jersey. Some people drive while under the influence of alcohol. Other people may drive while under the influence of drugs. If you are under the influence of something else, you cannot operate a motor vehicle safely. Therefore, you are better off asking for someone to drive you.
When you set out in your motor vehicle, one of the last things on your mind is the likelihood that you would fall victim to a car accident. There can be a number of factors that contribute to a car accident. The following, are some of the most common reasons that car accidents occur:
Our auto accident lawyers from Trenton, NJ have represented auto accident cases that have occurred in a number of ways. Because of this, we will know exactly which elements to look for in order to build a strong case for you.
Injuries can range in severity. Some injuries may be minor enough to allow an auto accident victim the opportunity to sustain a full recovery. However, our Trenton, NJ auto accident lawyers have seen injuries impact a person’s life forever. Common injuries that could result from a car accident include:
Even minor injuries can take time to heal. Following an auto accident, your life is surely to be impacted. You may be contending with lost wages from time away from work, exorbitant medical costs, physical suffering, emotional trauma and more. Call our trusted Trenton, NJ auto accident lawyer today, we are fully prepared to represent you to our fullest extent.
Distracted driving is described as any activity that diverts a driver’s attention away from the road. All such distractions are considered dangerous for not only the distracted driver, but also passengers, occupants of other vehicles, and pedestrians. In order to combat this hazard, states have enacted laws against cell phone use while operating a vehicle. A consultation with an auto accident lawyer in Trenton, NJ can help you understand the laws and how they apply to your case.
While texting and talking on a cell phone do contribute to the large number of accidents caused by distracted driving, this is not the only activity responsible. As mentioned, this type of driving is classified as any activity that makes a driver incapable of giving full attention to the road. It can be anything that causes the driver’s mind to be preoccupied, their vision to be obstructed, or their hands to be in use for something other than operating the motor vehicle. Some specific causes of distraction, other than using a cell phone, include:
While it is easy to feel the need to split your attention, and there are many sources of distraction, that does not lessen the severity of inattentive driving. If you have been injured due to someone else’s carelessness behind the wheel, an auto accident lawyer in Trenton, NJ may be able to help you.
Proving that the person who caused the accident was driving distracted is not always easy. Oftentimes, the person at fault will deny they were engaged in irresponsible activities like texting or reading a map. If they do not admit their wrongdoing, how can you prove it in court?
The lawyers at Davis & Brusca, LLC know that this task is not easy, but it is possible. Witness statements are valuable in cases where the at-fault driver denies being distracted. Passengers or bystanders may have noticed the person’s behavior prior to the crash. Cell phone records can be obtained to prove the driver was using their cell at the time of, or immediately preceding the crash. Even without an admission, fault can still be proven in many cases.
Reach out to an experienced auto accident lawyer in Trenton, NJ, like the attorneys at Davis & Brusca, LLC.
Following an auto accident, it’s imperative that you act quickly. Your time to take action will be limited. Although it’s important that you not delay in contacting a lawyer, you will want to be sure that you choose a qualified Trenton, NJ auto accident lawyer to take your case. Take the time to:
No person should manage their car accident without the legal protections that an auto accident lawyer based in Trenton, NJ can offer you. Our experienced and dedicated legal staff can provide you with peace of mind in knowing that you are in the very best of hands. Call Davis & Brusca, LLC, Trenton, New Jersey auto accident lawyers who are standing by to help you take control of your auto accident.
If you are injured by someone else’s actions, it is in your best interest to speak with an auto accident lawyer Trenton, NJ to get the legal representation you need. You are likely owed compensation for their actions, and it is much easier to win the trial and get that compensation with the help of a specialized lawyer. You may be wondering what you should bring to the first visit with your auto accident lawyer Trenton, NJ. Of course, any lawyer who is worth hiring will be more than happy to answer this question if you ask when setting up the appointment, but in case you still do not know, take a look at this list.
There are a few general things that you should always bring when visiting your auto accident lawyer Trenton, NJ no matter what your specific situation is. These are:
Depending on your situation, there are probably many other items that you should bring alongside the general items listed above. However, it will depend heavily on your case. It is theoretically possible for none of these items to apply to you, so do not worry if you show up with your hands nearly empty. Your auto accident lawyer Trenton, NJ is there to help you, after all.
If you have not contacted an auto accident lawyer Trenton, NJ yet, that should be your first step. The team at Davis and Brusca, LLC is ready to help.
When a person has been injured in an accident and needs medical treatment, the extent of the injury will be a central focus. The parties responsible for the injury, or the insurance companies paying for the treatment, may seek to dispute the need for care or the extent of the injury and may hire an “independent” doctor to examine the injured person. This is commonly called an “independent medical examination”, or IME. As a skilled Trenton, NJ auto accident lawyer at Davis & Brusca, LLC can explain, this is more properly called a defense examination, as the goal is to resolve the opponent’s questions about your injury or medical condition, as well as, the necessary treatment, and the possibility of permanent impairment, in a manner favorable to the insurance company or defendant; not the injured person. This is certainly “not fair” and can feel a bit like adding “insult to injury.” Unfortunately, the process is mandatory. Learn More About The Emotional Impact Of Auto Accidents.
In general, any of the following most commonly request IME’s:
In theory, independent medical exams should provide an “objective” assessment of your injury or condition. The goal is to:
Whether your IME is actually objective will be dependent on how the doctor is chosen, and how that doctor is aligned with the defendant or requesting carrier. As an experienced auto accident lawyer in Trenton, NJ can tell you, many of these exams are performed by doctors who are essentially on the insurance company’s payroll and who rarely, if ever, provide a neutral and objective opinion.
The rules governing IME’s vary from state-to-state. In general, when an insurance company requests an IME, they will also choose the doctor. Our Trenton, NJ auto accident lawyers have seen this cause significant controversy because these doctors are being paid by the insurance company. Therefore, there is a risk of subjective opinions and biases. Furthermore, it would be in the doctor’s benefit to reduce the insurers costs by minimizing the extent of your injury or illness, as well as, the need for treatment. Depending on the state you are in, you may be able to request a second IME if the first gives an opinion in conflict with your own treating doctor and with which you do not agree. However, you generally do not have a right to refuse the examination, as it is generally a condition of your right to have the insurance company pay for your medical treatment or of the right to prosecute your legal claim.
Before you undergo an independent medical exam, there are a few things our Trenton, NJ auto accident lawyers want you to consider carefully:
If you have been injured in a collision and have decided to take legal action, you may be wondering what this process will entail. Each case will be different and depends on the specifics of your situation, but having a general idea of what is usually involved can help ease some anxiety you may be feeling.
Building your case is crucial in this pre-litigation step. You will likely have a consultation with an auto accident lawyer in Trenton, NJ, and your attorney will determine if the facts of your case present grounds for a valid personal injury claim. Collecting evidence and documentation that a case can be developed from is important at this point in the process. Medical records, witness statements, and any other proof of the accident itself and how it has impacted your life will be helpful.
Before filing a lawsuit, you may work with an attorney to negotiate with the insurance company. The at-fault driver’s insurance company will be liable for any damages caused and the attorneys at Davis & Brusca, LLC may be able to help you navigate this difficult negotiation stage. If the insurance company does not offer a settlement that is appropriate for you, litigation may be necessary.
Filing a lawsuit and undergoing rigorous court proceedings can seem daunting and frightening, but you don’t have to go into this alone. A skilled auto accident lawyer in Trenton, NJ, can provide reassurance and support to you while also remaining firm against the insurance company. The first part of a lawsuit is usually the discovery process. This is when parties in the lawsuit share information to prepare both sides’ counsels for trial.
The deposition will likely be next, which is similar to witness statements but more formal. The statements given in the deposition are under oath and transcribed by a court reporter. These verbal accounts of the incident can be from witnesses, police officers, and expert witnesses. You may also need to be deposed during this process.
You should also be prepared to go through mediation, which can sometimes resolve disputes and provide you with an acceptable offer. If mediation fails, you will go to trial and an auto accident lawyer in Trenton, NJ, will present your case to court. Working with compassionate and competent attorneys, like those at Davis & Brusca, LLC, can help you get through this difficult process.
If you live in the local New Jersey area, you understand that traffic can be heavy. Regardless of whether you are navigating the Garden State Parkway or driving down Route 1, you need to keep your wits about you. There are lots of people who drive dangerously in New Jersey, and some of them can be downright aggressive. What do you need to do to stay safe while driving? Remember that if you are involved in an accident, you should reach out to an auto accident lawyer in Trenton, NJ, such as Davis & Brusca Trial Lawyers.
First, you need to make sure that you take your time. You do not need to be in a hurry to get anywhere. If you rush, you are more likely to make a mistake. These mistakes could even lead to a motor vehicle accident. If you feel rushed, try to leave earlier. That way, you allow a few extra minutes for potential traffic jams.
When you drive in New Jersey, you need to be aware of jughandle turns. You will not always be allowed to make a left-hand turn. Sometimes, you may have to pull off to the right and make a left turn to go back the other way. Make sure you keep an eye on the signs. You do not want to miss your turn, and you do not want to get frustrated by changing traffic patterns. If you are involved in a motor vehicle accident, reach out to an auto accident lawyer in Trenton, NJ.
Finally, do not follow too closely. Even though there is a lot of heavy traffic in New Jersey, you still need to allow plenty of space between your car and the car in front of you. You should try to leave one car length between your car and the car in front of you for every 10 mph of speed. That way, you give yourself time to react to changing road conditions.
Even if you keep all of these tips in mind, there is a chance that you could still be involved in a serious motor vehicle accident. If you are in a collision, be sure to reach out to a doctor. Then, contact an auto accident lawyer in Trenton, NJ, such as Davis & Brusca Trial Lawyers, who can conduct a full investigation. You could be entitled to compensation.