Car Accident Attorneys in Roseland

A Roseland car accident attorney can help you seek the compensation you need after being injured in a motor vehicle collision. Car accidents are among the most common types of accidents in New Jersey, often causing significant injuries and property damage and forcing victims to go through the auto insurance or legal systems.

If you were in a Roseland auto collision, contact Brach Eichler Injury Lawyers at (973) 364-8300 for a free consultation with a caring and compassionate car accident attorney. Our firm has recovered $535 million for our clients and never charges a fee unless we secure compensation for you.

Causes of Car Accidents in Roseland, NJ

Car accidents can occur in various ways, resulting in different types of collisions and injuries. Examples of common car accident causes in Roseland include:

• Head-on collisions caused by a distracted, intoxicated, or fatigued driver crossing the dividing line between lanes
• Rear-end collisions caused by drivers misjudging the distance their vehicle needs to stop when approaching stopped or slowed vehicles
• T-bone collisions caused by drivers failing to yield the right-of-way to oncoming traffic, such as at the intersection of Eagle Rock Ave. and Livingston Ave
• Single-vehicle crashes caused by poor road conditions or mechanical failures

Common Car Accident Injuries

Victims of car accidents can suffer from serious and long-term injuries. The severity and extent of the injuries you sustained in the accident play a significant role in the value of your case. Some of the most common injuries are:

• Traumatic brain injuries (TBIs), which result from the brain striking the inside of the skull or from an object penetrating the skull and brain, and which may cause permanent physical and cognitive impairment
• Spinal cord injuries (SCIs), which result from the nerves running up the spinal column being damaged or severed, leading to pain, numbness, or partial or complete paralysis
• Broken bones, particularly in the hands, wrists, forearms, and ribs
• Whiplash, which is a soft tissue injury impacting the muscles, tendons, and ligaments in the neck and resulting in chronic pain, neck stiffness, and numbness in the extremities
• Internal organ damage, which may not immediately present symptoms, making it difficult to identify without seeking immediate medical attention

Steps to Take After a Roseland Car Accident

After being injured in a Roseland, NJ, car accident, you should take the following steps to maximize the potential compensation you could receive through your case:

• Follow Up with Medical Treatment: Always continue with your medical treatment until you fully recover or your doctor says you are not expected to recover further. Doing this will show the insurance company that you took your injuries seriously.
• Document the Incident: Take photographs of the accident scene and your visible injuries, if possible. You should also write down everything you remember about the incident.
• Avoid Providing a Statement: The insurance companies in your case may ask you for a statement about the crash. You should avoid providing a recorded statement, as the insurance company will try to use it against you.
• Contact a Car Accident Lawyer: The best way to protect your rights after a car accident is to contact a lawyer and have them handle your case.

New Jersey’s No-Fault Auto Insurance System

New Jersey’s no-fault auto insurance system requires all drivers to have property damage liability and personal injury protection (PIP) as part of their insurance policy. The minimum coverage amounts and other types of coverage required depend on whether you have a standard or basic policy.

Under the standard policy, drivers must have at least $25,000 per accident in property damage liability and $15,000 in PIP coverage. This policy also requires drivers to have at least $25,000 per person and $50,000 per accident in bodily injury liability and uninsured motorist coverage. Underinsured motorist, collision, and comprehensive coverage are available as add-ons.

Under the basic policy, drivers must have $5,000 per accident in property damage liability and $15,000 per person/accident in PIP coverage. Bodily injury liability coverage isn’t included in the basic policy, but $10,000 in coverage is available as an add-on. Collision and comprehensive coverage are also available as add-ons, but uninsured and underinsured motorist coverage is not.

In a no-fault auto insurance system like New Jersey’s, victims file claims against the PIP portion of their own insurance policy to recover compensation for their medical expenses and lost wages. They can seek additional compensation through the at-fault driver’s bodily injury liability coverage. And they must file a claim against the at-fault driver’s property damage liability coverage to secure compensation for property damage.

The Right to Sue After a Car Accident

If you have a standard policy, you can choose between having an unlimited right to sue or a limited right to sue at-fault drivers after an accident. Unlimited right to sue policies are more expensive but allow you to seek pain and suffering compensation for any injury after a car accident. Limited right to sue policies only allow you to sue for pain and suffering if you sustained a permanent injury.

Basic auto insurance policies only come with a limited right to sue.

Compensation Available for Car Accident Victims

Depending on the insurance claims or personal injury lawsuit you file, some of the losses you could seek compensation for after a Roseland car accident include:

• Past and future medical expenses, such as surgeries, hospital stays, prescription medications, medical treatments, medical devices, and physical therapy
• Income lost while you were out of work recovering from your injuries
• Income and benefits you will lose because of your injuries’ impact on your ability to work in the future
• Physical pain and emotional suffering you experienced because of your injuries
• Permanent disability accommodations, such as modifying your home or vehicle to be accessible
• Property damage, particularly the damage done to your vehicle in the collision

The Role of Comparative Negligence

New Jersey uses a modified comparative negligence rule outlined in NJ Revised Statutes Section 2A:15-5.1. Under this rule, a victim’s damages awarded at trial can be reduced by a percentage equal to their degree of fault for their injuries, and victims who are more than 50 percent at fault cannot recover any compensation.

While this rule specifically applies to trial awards, insurance companies also consider it when negotiating settlements. For example, if the insurance company expects a jury would find you to be 20 percent at fault, it likely won’t offer a settlement worth more than 80 percent of your losses.

Deadline for Filing a Car Accident Claim in Roseland

Under NJ Revised Statutes Section 2A:14-2, car accident victims have two years to file personal injury lawsuits. Failure to file your lawsuit within this period will result in the courts barring you from seeking financial recovery. An experienced car accident lawyer can handle filing your lawsuit, so you don’t have to worry about missing the deadline.

Frequently Asked Questions

Below, we’ve answered some of the most frequently asked questions about car accident cases in Roseland.

What should I expect during a car accident lawsuit in Roseland?

Depending on the circumstances, you should expect your Roseland car accident case to take anywhere from a few weeks to a few years to conclude. If your injuries are relatively minor and your insurance company accepts your claim, it could only take a few weeks to recover money for your injuries. However, if you have more severe injuries, there’s a dispute with your insurance company, or your case involves multiple parties, it could take longer.

Your lawyer can provide updates on the status of your case so you always know where it stands.

What is the role of a car accident attorney in Roseland?

A Roseland car accident attorney’s role is to handle all aspects of your case so you can focus on recovering from your injuries. Our lawyers will investigate the accident to identify the at-fault parties and gather the evidence to hold them liable. We’ll calculate your losses and file your insurance claim or lawsuit. And we’ll negotiate with insurance companies on your behalf and represent you in court, seeking fair compensation for your injuries.

How do I know if my car accident case in Roseland is strong enough to go to court?

The only way to know how strong your car accident case is is to have a lawyer look at it. Many factors contribute to the strength of a case, including the types and amount of evidence available, the documentation of your injuries, and the breakdown of liability.

Most cases settle before going to trial. However, our lawyers always prepare for trial from the outset, just in case the insurance company refuses to offer a fair settlement that covers your losses.

Contact Our Car Accident Attorneys Serving Roseland

If you were injured in a Roseland car accident, contact Brach Eichler Injury Lawyers at (973) 364-8300 for a free consultation with an experienced New Jersey vehicle collision attorney. During your initial consultation, we’ll review the details of your case, go over your options for seeking compensation, and walk you through the next steps to take.