Do I have a good case? New Jersey car accident lawyer answers
Regardless of whether you have been the victim of a New Jersey auto accident, truck collision, motorcycle crash, [link to tabbed articles]or other accident, a strong case requires these three things:
- An injury.
- Another party who is legally responsible.
- A source of money from which to compensate you.
One of the factors that will affect the value of your personal injury case is the seriousness of your injuries. The more serious your injuries, the more you can expect to recover, provided of course that you can prove the other party’s liability and he or she has the ability to pay. You are entitled to compensation for your (1) medical expenses; (2) lost wages; and (3) pain and suffering.
You will almost never know the full extent of your injuries shortly after your accident. Your New Jersey car accident attorney will need to check with you from time to time to keep informed of your treatment and to assess the seriousness of your injuries.
Another person who is responsible
Probably the most important requirement in every accident case is a legally responsible party. Liability in motor vehicle accident cases is most often based on a driver’s negligence.
Negligence means that the other party’s carelessness caused your injury.
Proving the other party’s carelessness is straightforward in some motor vehicle accidents. For example:
- If you were hit head-on by a wrong-way driver, the wrong-way driver is at fault.
- If you were rear-ended while you were stopped at a stop sign or traffic light, the liability of the driver who hit you is clear.
Liability for intersection collisions, on the other hand, can be more difficult to prove. You and the other driver may dispute who had the right of way, or whether one of you was speeding, or misjudged the other’s speed, or was distracted.
Proving the accident caused your injury is easier if you have suffered broken bones, burns, open wounds, or internal injuries. Causation is harder to prove with soft tissue injuries like whiplash. These injuries can’t be seen, even with x-rays.
The defendant may dispute whether you suffered any injury or whether your injury is really as bad as you say it is. The defendant’s attorney will scrutinize your medical records for any evidence that you had the injury before the accident.
Source of compensation
Finding a source of compensation is crucial to the success of your New Jersey personal injury case. In a motor vehicle accident case, as in most personal injury matters, the most common source of compensation is liability insurance.
Bear in mind that the insurance company wants to pay your nothing or as little as possible, even when you have a good case. Insurance companies make money for their shareholders when they don’t pay claims. A skilled New Jersey accident lawyer who knows what your case is worth will play a key role in getting you a fair settlement for your injuries.
If the adverse driver does not have enough insurance, another important task for your attorney is to investigate other possible defendants. In a car, truck, or motorcycle crash case, these could include the driver’s employer or the vehicle’s owner, the governmental entity responsible for maintaining the road, or the vehicle manufacturer.
New Jersey accident lawyer offers an evaluation of your case
Hire an attorney as soon as possible after your truck, motorcycle, or car accident. Over time witnesses forget or cannot be found and evidence is lost or destroyed. If you would like to obtain a free evaluation of your case from a knowledgeable New Jersey car accident attorney at Zager Fuchs, P.C., please complete the form on this page. You may instead phone or email us. We look forward to learning how we can help you.
Zager Fuchs, P.C.
New Jersey personal injury attorneys
P.O. Box 489
268 Broad Street
Red Bank, New Jersey 07701