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.
The Role of “Fault” in Car Accident Claims
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.
Frequently Asked Car Accident Questions
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:
Is New Jersey a No Fault State?
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.
What elements are needed in order to take legal action against the at fault driver?
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.
What type of evidence should I gather in order to build a strong case?
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.
Basic evidence in a car accident will usually include:
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.
How can a top car accident lawyer assist me with my case?
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.
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.