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David A. DiBrigida

Car Accident Lawyer New Jersey

Why Should You Hire a Lawyer After a Car Accident in New Jersey

At the Law Offices of David A. DiBrigida, we understand the distress and turmoil that follow a car accident. The immediate concerns of medical treatment and vehicle repair are often just the tip of the iceberg. New Jersey’s complex legal landscape makes it essential to have experienced guidance when navigating insurance claims, medical bills, and potential lawsuits. You may be entitled to compensation for your injuries, loss of income, and other damages, but without a seasoned car accident lawyer by your side, you risk missing out on the full scope of what you’re owed. Leveraging legal expertise immediately after an accident not only elevates your chances for a fair settlement but also provides you peace of mind, allowing you to focus on your recovery.

client signing their documents in a court room

When Should You Hire an Attorney After a Car Accident

The ideal time to hire an attorney after a car accident is as soon as possible, preferably within the first few days following the incident. Prompt legal guidance can make a significant difference in how your case unfolds. Evidence can quickly become compromised or disappear, witnesses may become difficult to track down, and critical filing deadlines could be missed. Additionally, insurance companies often aim to settle claims quickly and for as little money as possible, potentially taking advantage of your lack of legal expertise. By engaging an attorney early in the process, you ensure that your rights are protected, that all relevant evidence is preserved, and that you receive expert counsel in dealings with insurance companies or opposing parties. The sooner you secure legal representation, the better positioned you’ll be to achieve a favorable outcome.

How long does a car accident lawsuit take in NJ

The length of a car accident lawsuit in New Jersey can vary widely depending on the complexity of the case, the parties involved, and the court’s schedule, among other factors. Generally speaking, it could take anywhere from a few months to several years for a case to reach its conclusion. New Jersey follows a “no-fault” insurance system, which means that minor accidents often get resolved through insurance claims without the need for a lawsuit. However, in cases involving severe injuries, lawsuits may become necessary, and these can be time-consuming. Pre-trial procedures like discovery, negotiations between parties, and possible mediation can extend the timeline. Furthermore, if the case goes to trial, court proceedings themselves can take a considerable amount of time. It’s important to consult with an experienced attorney to get a more accurate estimate tailored to the specifics of your case.

New Jersey Car Accident Laws

In the bustling state of New Jersey, car accidents are a common occurrence. Unfortunately, they often result in injuries, property damage, and legal complications. Understanding the specific laws related to car accidents in New Jersey is crucial for both residents and visitors who may find themselves in such unfortunate situations. In this article, we’ll delve into the intricacies of these laws to provide you with a comprehensive understanding of how they work. Always reach out to a New Jersey car accident lawyer from the Law Offices of David A. DiBrigida if you are involved in a car accident.

Fault-Based System

New Jersey operates under a fault-based system, also known as a tort system, when it comes to car accidents. This means that the person responsible for causing the accident is also responsible for covering the resulting damages. In most cases, it’s the at-fault driver’s insurance company that pays for the injured party’s medical bills, vehicle repairs, and other losses.

Minimum Insurance Requirements

To legally operate a vehicle in New Jersey, you must carry a minimum amount of auto insurance coverage. As of our knowledge cutoff date in September 2021, these requirements include a minimum liability insurance coverage of $15,000 for bodily injury or death of one person, $30,000 for bodily injury or death of more than one person, and $5,000 for property damage. It’s important to note that these requirements may have changed, and it’s advisable to verify the current minimum insurance requirements with the New Jersey Motor Vehicle Commission.

Comparative Negligence

New Jersey follows a modified comparative negligence rule when determining compensation in car accident cases. This means that if you are partially at fault for the accident, your compensation may be reduced in proportion to your level of fault. However, if you are found to be more than 50% at fault for the accident, you may not be eligible to recover any compensation. A New Jersey car accident lawyer will help you figure out whether or not you are responsible and how to move forward.

Statute Of Limitations

In New Jersey, there is a time limit, known as the statute of limitations, for filing a car accident lawsuit. As of our knowledge cutoff date, the statute of limitations for personal injury claims arising from car accidents is generally two years from the date of the accident. For property damage claims, it’s typically six years. These time limits can vary depending on the specific circumstances of the case, so it’s crucial to consult with an attorney to ensure you file your lawsuit within the applicable deadline.

No-Fault Insurance

New Jersey is also a no-fault insurance state. This means that regardless of who is at fault for the accident, your own insurance company will cover your medical expenses, up to your policy’s limits. However, if your injuries are severe or meet certain criteria, you may be eligible to step outside the no-fault system and pursue a liability claim against the at-fault driver.

What Are The Types of Car Accident Cases in New Jersey

Car accidents in New Jersey can take various forms, each with its own set of legal considerations. Below is a list of common types of car accident cases that occur in the state:

Rear-End Collisions:

These accidents, characterized by one car hitting another from behind, are not only common but also highlight the importance of maintaining a safe following distance. Liability typically rests with the driver who failed to stop in time, often due to distraction, speeding, or adverse weather conditions. These collisions can range from minor fender benders to severe crashes, depending on the speed at impact and other circumstances.

Head-On Collisions:

Marked by their high fatality rate, head-on collisions occur when the fronts of two vehicles collide. These accidents are often the result of wrong-way driving, distracted driving, or driving under the influence. The force of impact in such collisions is significantly magnified due to the combined speed of both vehicles, leading to catastrophic outcomes.

T-Bone Accidents:

These incidents usually happen at intersections when one vehicle crashes into the side of another. They often occur due to failures in obeying traffic signals or signs, or when a driver attempts to run a red light. The side of a vehicle offers less protection to passengers than the front or rear, making injuries from these accidents particularly severe.

Multi-Vehicle Pileups:

Occurring primarily on highways or under conditions of poor visibility, these pileups involve multiple vehicles and can result from a chain reaction of collisions. The complexity of determining fault in such accidents can be overwhelming, as it involves piecing together the actions of numerous drivers. The aftermath can block roads for hours and result in significant injuries and damage.

Sideswipe Accidents:

These occur when the sides of two parallel vehicles make contact, often because one or both drivers veer out of their lanes. Such incidents can lead to loss of vehicle control, causing further accidents or rollovers, especially at high speeds. Sideswipe accidents are common on multi-lane roads and are often attributed to distractions, intoxication, or failing to check blind spots.

Hit and Run:

This cowardly act involves a driver causing an accident and then leaving the scene without identifying themselves or aiding the other involved parties. Victims are left to deal with potential injuries and damages without immediate accountability from the at-fault party, complicating legal and insurance proceedings.

Vehicle Rollover:

A particularly terrifying type of accident, vehicle rollovers often result from sharp turns at high speeds or collisions with obstacles or other vehicles. These accidents are more common among SUVs and vans due to their higher center of gravity. Rollovers can lead to severe injuries or fatalities, especially if seatbelts are not used.

Accidents Involving Pedestrians:

When a vehicle strikes a pedestrian, the consequences can be devastating due to the unprotected nature of the pedestrian. These accidents often occur in crosswalks, on sidewalks, or when vehicles are making turns through pedestrian pathways. Distraction, speeding, and failing to yield are common causes.

Bicycle Accidents:

Cyclists are vulnerable to significant injuries when involved in collisions with motor vehicles, particularly at intersections or within bike lanes. These accidents often result from drivers not respecting the cyclist’s right of way or failing to observe their presence due to blind spots or distractions.

Motorcycle Accidents:

Motorcyclists face a high risk of injury in collisions with cars, as they lack the protective enclosure of a vehicle. These accidents are frequently caused by visibility issues, where drivers fail to notice the motorcycle, or by risky maneuvers from either party. The injuries to motorcyclists can be severe, given the limited protection they have.

Commercial Vehicle Accidents:

Involving trucks, vans, and other vehicles used for business purposes, these accidents pose unique challenges due to the size and weight of commercial vehicles. Liability and insurance matters become more complicated, often involving federal and state regulations specific to commercial transportation.

Uber/Lyft Accidents:

Ride-sharing services introduce a novel set of insurance and liability questions in the event of an accident. Both drivers and passengers can face uncertainties regarding coverage, with the companies’ policies and the personal insurance of the driver coming into play.

DUI/DWI Accidents:

Driving under the influence of alcohol or drugs significantly increases the risk of causing an accident. These incidents not only lead to civil liabilities but can also result in criminal charges against the intoxicated driver. The recklessness involved in DUI/DWI accidents often results in severe injuries or fatalities.

Uninsured/Underinsured Motorist Accidents:

These accidents involve at-fault drivers lacking sufficient insurance coverage to compensate for the damages caused. Victims may face challenges in receiving adequate compensation, often having to rely on their own insurance policies or facing out-of-pocket expenses.

Construction Zone Accidents:

Accidents in construction zones are fraught with additional hazards, including altered traffic patterns, narrow lanes, and the presence of workers and machinery. These conditions increase the likelihood of accidents, which can carry heavier penalties and complex liability issues due to the increased risk to construction workers and the public.

Understanding the specific type of car accident you’ve been involved in can help tailor your legal strategy, so consulting with an experienced attorney is advised.

Reach Out To Us As Soon As Possible

Navigating the complex web of New Jersey car accident laws can be challenging, especially when you’re dealing with injuries and property damage. Seeking legal guidance from an experienced attorney is often the best course of action. If you’ve been involved in a car accident in New Jersey, a New Jersey car accident lawyer from the Law Offices of David A. DiBrigida is here to help you understand your rights and guide you through the legal process. Contact us today for a consultation and let us advocate for your interests. Your recovery and peace of mind are our top priorities.

Understanding the specific type of car accident you’ve been involved in can help tailor your legal strategy, so consulting with an experienced attorney is advised.

Car Accident Infographic

Common Types Of Car Accident Cases Infographic

Common Car Accident Injuries

Car accidents are a leading cause of injury in the United States, with millions of people affected every year. These incidents can lead to a wide range of physical injuries, some of which may have long-term consequences. Understanding the common injuries resulting from car accidents can help victims recognize the importance of seeking immediate medical attention and legal assistance. When faced with such unfortunate circumstances, consulting with a Car Accident Lawyer in New Jersey, such as the Law Offices of David A. DiBrigida, can provide essential support and guidance through the legal process to ensure victims receive the compensation they deserve.

Whiplash and Soft Tissue Injuries

Whiplash is one of the most common injuries associated with car accidents, particularly rear-end collisions. It occurs when the force of the crash causes the head to jerk back and forth violently, stretching and tearing the muscles and tendons in the neck. Symptoms may include neck pain, stiffness, headaches, and dizziness. Apart from whiplash, other soft tissue injuries, such as sprains, strains, and contusions, are also common. These injuries can vary in severity and may not always present immediate symptoms. It’s crucial to undergo a thorough medical evaluation after an accident, even if you feel fine, as some symptoms may appear delayed.

Broken Bones and Fractures

The impact of a car accident can cause occupants to hit parts of the vehicle’s interior, leading to broken bones and fractures. Commonly affected areas include the arms, legs, ribs, and pelvis. These injuries can range from simple fractures that require minimal treatment to compound fractures that necessitate surgical intervention. The recovery process can be long and painful, often requiring physical therapy to regain strength and mobility.

Traumatic Brain Injuries (TBIs)

Traumatic brain injuries, including concussions, are serious consequences of car accidents. They can occur even without a direct blow to the head, as the force of the accident can cause the brain to move violently within the skull. Symptoms of a TBI can include confusion, memory loss, headaches, changes in personality, and even loss of consciousness. TBIs can have lasting effects on an individual’s cognitive functions, emotional well-being, and overall quality of life.

Spinal Cord Injuries and Paralysis

Injuries to the spinal cord can be among the most devastating outcomes of a car accident, potentially leading to partial or complete paralysis. The severity of a spinal cord injury depends on the area of the spine affected and the extent of the damage. These injuries can result in significant lifestyle changes, requiring long-term medical care, rehabilitation, and assistance with daily activities.

Psychological Trauma

Not all injuries from car accidents are physical. Many individuals experience significant psychological trauma, including post-traumatic stress disorder (PTSD), anxiety, and depression. The mental impact of being involved in a car accident can be just as debilitating as physical injuries, affecting an individual’s ability to return to their normal life and activities.

Negotiating With The Insurance company

Negotiating with insurance companies after a car accident can be a daunting and complex process. The journey to fair compensation is fraught with legal nuances and tactics employed by insurance adjusters aiming to minimize payouts. At the Law Offices of David A. DiBrigida, our seasoned Car Accident Lawyers in New Jersey possess the expertise and dedication required to navigate these negotiations, ensuring that our clients’ rights are protected and that they receive the compensation they deserve.company

Understanding Insurance Company Tacticscompany

Insurance companies are in the business of making money, which means their primary goal in any claim negotiation is to pay out as little as possible. Recognizing their strategies is the first step toward a successful negotiation:company

  • Quick Settlement Offers: Insurers may offer a quick settlement to close the case before the full extent of your injuries and damages is known.company
  • Disputing Liability: They might dispute their policyholder’s liability or argue that your negligence contributed to the accident to reduce their payout.company
  • Underestimating Costs: Adjusters often underestimate the costs associated with repairs, medical expenses, and other damages to minimize the claim value.company
  • Requesting Unnecessary Information: This tactic delays the process, hoping that you will accept a lower settlement out of desperation or frustration.company

Preparing for Negotiationcompany

Preparation is key to a successful negotiation with an insurance company. Our approach at the Law Offices of David A. DiBrigida involves:company

  • Gathering Comprehensive Documentation: This includes medical records, repair bills, proof of lost wages, and any other evidence that supports the claim.company
  • Calculating a Fair Settlement: We consider current and future medical expenses, lost income, pain and suffering, and any other relevant damages to determine what constitutes a fair settlement.company
  • Understanding Policy Details: Knowing the specifics of the policy involved allows us to counter any attempts to deny coverage unjustly.company

The Negotiation Processcompany

Navigating the negotiation process requires skill, patience, and legal knowledge. Here’s how we at the Law Offices of David A. DiBrigida approach negotiations on behalf of our clients:company

  • Initial Demand Letter: We start by sending a detailed demand letter to the insurance company, outlining the accident, the damages incurred, and the amount of compensation we are seeking.company
  • Responding to Offers: We critically assess each offer from the insurance company, ready to counter lowball proposals with evidence supporting our valuation of the claim.company
  • Ongoing Communication: Keeping an open line of communication with the insurer is crucial. We ensure they have all the necessary documentation and arguments to justify our settlement demand.company
  • Finalizing the Settlement: Once a fair settlement is reached, we meticulously review the settlement agreement to ensure it accurately reflects the agreed terms before advising our clients to sign.company

At the Law Offices of David A. DiBrigida, we are committed to advocating for the rights of car accident victims throughout New Jersey. Our Car Accident Lawyers in New Jersey bring:company

  • Decades of Experience: Our extensive experience negotiating with insurance companies means we are familiar with all their tactics.company
  • Personalized Attention: We provide personalized attention to each case, understanding the unique circumstances and needs of our clients.company

Navigating the aftermath of a car accident can be overwhelming, but you don’t have to face it alone. We invite you to reach out to us for a consultation. Together, we can evaluate your case, discuss your options, and embark on the path to securing the compensation you deserve. Trust us at the Law Offices of David A. DiBrigida to stand by your side every step of the way.company

Why Choose the Law Offices of David A. DiBrigida for Your New Jersey Car Accident Case?

Navigating the aftermath of a car accident can be overwhelming, fraught with legal intricacies, medical concerns, and financial burdens. When the stakes are this high, you can’t afford to go it alone. At the Law Offices of David A. DiBrigida, we offer unparalleled expertise in handling New Jersey car accident cases. Our seasoned professionals are adept at negotiating with insurance companies, collecting and preserving crucial evidence, and representing you in court, if necessary. We understand New Jersey’s unique “no-fault” system and the specific thresholds that allow for lawsuits, ensuring you’re positioned to receive the full compensation you’re entitled to. With a track record of successful settlements and satisfied clients, entrusting your case to us means giving yourself the best possible chance for a favorable outcome. Don’t leave your future to chance; secure your peace of mind by hiring the experts.

Car Accident FAQs:

How long does it take to get a settlement?

The time it takes to secure a settlement in a car accident case varies depending on numerous factors, such as the complexity of the case, the willingness of parties to negotiate, and the backlog of the legal system. In straightforward cases with clear liability and well-documented injuries, a settlement could be reached within a few months. However, for more complicated scenarios, such as those involving severe injuries, multiple parties, or disputed liability, the process can stretch on for a year or even longer. Insurance companies often engage in lengthy negotiations to minimize payouts, and sometimes a settlement is only reached on the eve of a trial. It’s crucial to consult an experienced attorney for a tailored estimate and to navigate the intricacies of the settlement process effectively.

Can you sue for a car accident in NJ?

Yes, you can sue for a car accident in New Jersey, but the state’s “no-fault” insurance system does impose certain limitations. Under this system, you generally file a claim with your own insurance company for medical expenses and other out-of-pocket costs, regardless of who was at fault. However, you can step outside of this no-fault system and file a lawsuit against the at-fault driver if you meet certain thresholds. Specifically, if you’ve sustained “serious” injuries that result in significant medical expenses, permanent injury, or significant disfigurement or scarring, you may be eligible to pursue a claim for additional damages like pain and suffering. Due to the complexities of New Jersey’s car accident laws, consulting with an experienced attorney is highly recommended to assess the viability of your case.

What to do if someone sues you for a car accident in NJ?

If you find yourself being sued for a car accident in New Jersey, it’s crucial to take immediate action to protect your interests. First and foremost, do not ignore the lawsuit; failing to respond could result in a default judgment against you. Contact your insurance company as soon as you receive the lawsuit papers, as they may provide legal representation under the terms of your policy. Additionally, consult with an experienced attorney who specializes in car accident litigation. Your lawyer can guide you through the complexities of New Jersey’s legal system, help formulate a defense strategy, and represent you in court if necessary. Keep all documentation and evidence related to the accident, as this will be crucial for building your defense. Remember, timely and informed action is your best recourse when facing a lawsuit.

Do you need a police report to file an insurance claim in NJ?

In New Jersey, a police report is not strictly required to file an insurance claim for a car accident, but it is highly recommended. A police report serves as an official record of the incident and typically includes important details such as the names of the parties involved, witness accounts, and an initial assessment of fault. This document can provide valuable evidence when negotiating with insurance companies or if a legal dispute arises later. Some insurance companies may even require a police report, especially for accidents involving substantial damage or injury. Therefore, if you’re involved in a car accident in New Jersey, it’s advisable to contact the police and have a report filed to bolster your insurance claim and protect your interests.

How Do You Pursue Compensation After a New Jersey Car Accident?

Pursuing compensation after a car accident in New Jersey often starts with filing a claim with your own insurance company, thanks to the state’s no-fault insurance system. This covers your medical expenses and other out-of-pocket costs up to the limits of your policy. However, if your injuries are severe, exceed certain thresholds, or if another party is clearly at fault, you may step outside the no-fault system to file a claim against the other driver’s insurance or even initiate a lawsuit. Documentation is crucial in this process; gather all medical records, repair bills, and evidence like photographs or eyewitness accounts. An experienced car accident attorney can guide you through the complexities of New Jersey’s legal landscape, helping you navigate insurance negotiations and, if necessary, legal proceedings to ensure you receive the compensation you’re entitled to.

Law Offices of David A. DiBrigida, New Jersey Car Accident Lawyer

101 Eisenhower Pkwy #100, Roseland, NJ 07068

Call Our experienced NJ Auto Accident Injury Attorney

David A. DiBrigida handles auto accident injury cases in New Jersey. He will evaluate the factors contributing to the value of your damages and personally handle your case from start to finish.  If you have been injured in an auto accident, you need a New Jersey car crash lawyer who understands and is knowledgeable about your rights as an auto accident injury victim.  To protect your legal rights, call David today at 800-322-5529 for a FREE consultation.

It doesn’t matter how good an attorney is if they don’t pay close attention to the wants & needs of the client.

We want to make sure that each of our clients is as happy with the experience they have with our firm as they are with the ultimate result in his or her case.

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