New Jersey Car Accident Lawyer for All Motor Vehicle Accident Claims

People involved in car accidents in New Jersey generally should seek the advice of a personal injury attorney as soon as their medical issues are addressed. In fact, a person involved in an automobile accident with injuries should consult with an attorney immediately! Legal and financial issues are complex and relate to what happened, who is at fault, what the insurance situation is and when the accident happened. Failing to consult with a New Jersey car accident lawyer may mean that you are not properly compensated for your injuries or the pain and suffering that you experience.

How Our Accident Lawyers Can Help

Typically, a claim for personal injuries (and property damage as well) arises when two cars collide and one driver is at fault for the accident. The claims are usually made against the at fault (negligent) driver’s liability (car insurance) carrier. If the insurance claim is not settled, a lawsuit must be filed against the driver; the insurance company will then hire a lawyer to defend its insured. If the at fault driver does not have insurance, has inadequate insurance, or if the accident is caused by a hit and run driver, then a claim is made against your own uninsured or UIM motorist coverage. If you do not have that coverage, you may never receive adequate repayment for your injuries.

Frequently, the injured person in an accident can not afford proper medical treatment for their injuries or rehabilitation. An attorney can frequently arrange for necessary medical treatment by medical providers where the treatment is given as needed and payment is postponed to those providers until the case settles. Those medical providers get paid out of the settlement proceeds.

The New Jersey Statute of Limitations for Motor Vehicle Accidents

It is important to consult a NJ injury lawyer after you are involved in an accident because failing to file your claim within a proper time frame, also called the Statute of Limitations, may mean that you cannot file it at all. The Statute of limitations can be difficult to calculate for a lay person. Generally, personal injury claims must be brought within two (2) years of the date that the accident occurred or the claim arose. It can vary if the injured person or at-fault party are deceased, fraud is involved, a foreign object is left in your body by a doctor or in certain other limited circumstances. Further, if a government entity caused harm, a proper written notice must be provided to the government entity in a much shorter period of time. This can be as short as 3 months (90 days).

A New Jersey Car Accident Lawyer Can Help You Pursue Compensation

The money, also called damages, that a person injured in a car accident can receive includes reimbursement for all medical expenses and future medical expenses. Medical expenses are based on actual medical bills for care that the injured person received. Future medical expenses are based on testimony regarding the likely cost of long term care. Even if health care insurance has paid for medical bills, an injured person is entitled to be compensated for the full amount as if that individual had personally paid the bills. Under certain circumstances, a medical insurer may seek reimbursement from the person who received the care.

Additional damages include pain and suffering and future pain and suffering; lost wages and future lost wages; and in some cases loss of consortium (e.g. sex with your partner). The money paid for Pain and suffering is meant to compensate you for your actual pain and suffering as a result of the injury. Future pain and suffering takes into account how long your condition will continue and its effect on your daily life. If you are out of work due to an accident related injury, you are entitled to be compensated for your lost wages. Even if you were paid through sick leave or vacation leave, you are also entitled to be compensated for the same amount as if you were not paid. You are also entitled to be compensated for future lost wages, particularly when you are unable to return to the same type of work or to work at all.

Damages are paid in a lump sum at the end of the case either through settlement or jury verdict. Once the final amount is determined, you cannot seek additional amounts in the future for the same accident.

As you can see, these situations are very complicated. If you or a loved one is involved in a car accident, please take good care of yourself and your injuries. Then be sure to call an attorney at our NJ injury law firm to ensure that your rights are protected. And ALWAYS wear your seatbelt.

Injuries Caused by Cars, Trucks, Buses, Ubers & Taxis

Motor vehicle accident victims often sustain substantial injuries. This includes drivers, passengers, bicyclists and pedestrians. Those victims may also lose income from work and incur medical and/ or funeral bills. Injuries in motor vehicle accidents often include:

Damage to the discs in the back (bulges/heriniations/nerves)
Damage to the discs in the neck (bulges/herniations/nerves)
Trauma to the head or brain
Scarring to the skin from trauma and/or necessary surgery
Tearing of ligaments
Numbness to the hands, feet, arms and/or legs
Headaches
Blurry vision
Impaired hearing and/or speech
Loss of range of motion of arms and/or legs
Fractured bones
Loss of limbs
Sleeplessness
Concentration difficulities
Internal organ damage
Spinal cord damage and paralysis

Who Can be Held Legally Responsible in a Motor Vehicle Crash?

Apart from the careless driver(s), who else can be held legally responsible in a motor vehicle crash? Depending on the location and other circumstances, employers of the driver(s), owners of the vehicle(s), owners of property, and governmental entities may be legally obligated to compensate the victim. In some cases, a missing guardrail, nonfunctioning traffic signal, missing traffic sign, hazardous pothole, or overgrown foliage may implicate a county road maintenance public entity, NJ Transit, PATCO or private contractor. In other cases, involving manufacturing, design or maintenance defects of mechanical parts, a manufacturing and/or design company may be responsible under product liability legal theory. In some trucking accident cases, repair records are falsified, giving rise to legal responsibility on the part of service station repair facilities.

What Kinds of Losses Can Be Compensated from a Car, Truck or Bus Accident?

Car, truck and bus accident victims are entitled to restitution in the form of money as compensation for their pain, suffering, disability, impairment, lost earnings, medical costs, and damage to vehicles/property. Victims are also entitled to compensation for their loss of enjoyment of life, including their diminished activity level. These losses can devastate an individual and a family.

When lost or reduced wages are implicated, your New Jersey car accident attorney will consult with leading vocational and economic experts to identify the full impact of those losses upon household finances.

Important Actions After A Crash

It is important to take certain measures at the time of a crash and immediately after a crash. These measures are designed to help secure your legal rights and successfully help you, in the event that you or your loved ones are injured. These nine actions should be taken to protect your interests.

Call 911 or the local police;
Call your car insurance company;
Take photos of all vehicles at the scene and the surrounding debris, guardrails/potholes, overgrown foliage, traffic signs/signals, if possible because road conditions may have contributed to the crash;
Seek immediate medical care for all injuries;
Do not allow anyone to destroy your vehicle or scrap it, until you have consulted with counsel;
If possible, use your cellphone to record any statement about the accident, including your own;
Make a note of the name and phone number of any insurance person with whom you speak;
Do not speak with any insurance representative of the driver(s) who contributed to cause the crash;
Call HCK right away, especially before speaking with an insurance company representative. There is no obligation to speak with a highly-experienced New Jersey car accident attorney. Let HCK communicate on your behalf with the opposing insurance company, while you dedicate your energy toward your injuries and your family.

The Most Important Car Insurance Decision You Can Make

The State of New Jersey requires that all registered owners of motor vehicles purchase and maintain automobile liability insurance on their cars. This is done for the protection of third parties who may become injured so that they have recourse for damages they sustain in an automobile accident. However, the state only requires that owners purchase policies with limits of $15,000.00 per person and $30,000.00 per accident. This means that if you are injured in an accident which was not your fault, and you wish to sue the person for damages, if the other driver has a policy limit of $15,000.00/$30,000.00, the most you will be able to recover from the other party’s insurance company is $15,000.00 for yourself. Additionally, if more than one person is injured in your car, the total amount the other driver’s insurance company will pay, notwithstanding the number of passengers in your car, is $30,000.00. Given the speed of today’s vehicles and the increasing number of cars on the road in New Jersey, the most important insurance decision you can make is what is referred to as Uninsured/Underinsured Motorist Coverage.

Everyone’s automobile insurance policy has underinsured/uninsured motorist (UM/UIM) coverage. Many car owners are unaware of this coverage and you should seek the assistance of a New Jersey personal injury attorney who will be able to explain this coverage and what it means to you. In addition to other coverages on your automobile insurance policy, you should be aware that you may select your own limits as to your UM/UIM coverage so as to afford you and your family added protection at a slight additional cost. The cost for increased coverage under UM/UIM coverage is minimal compared to the initial premium you pay for other coverages. Most UM/UIM coverages can be purchased for $100,000.00 limits of coverage at a very minimal cost to you. This becomes important if you are in fact injured by a driver of another car who has a minimal or $15,000.00 per person policy. By obtaining UM/UIM coverage of $100,000.00 or greater, you will be able to file a claim against your own insurance company using this coverage.

In the state of New Jersey, approximately 60% of drivers maintain a limited or $15,000.00/$30,000.00 policy. Another 13% of drivers maintain no insurance at all. What this means is that you have a 73% chance of being involved in an accident with someone who is either uninsured or underinsured. Maintaining higher UM/UIM coverage is vital for your own protection and is the most important coverage you can have in New Jersey. At the New Jersey personal injury law firm of Helmer, Conley & Kasselman, our attorneys will be happy to review your policy and explain to you what coverage you may have afforded to you.

In the event you are injured in an accident, notwithstanding whether you think you are injured or at fault, you should always consult with a New Jersey personal injury lawyer who is experienced in handling cases of this type and will be available to navigate you through the maze of insurance claims, adjusters, policies, and procedures. Even if you don’t think you are injured, it is vital that you consult with an attorney at the earliest opportunity, as many of your rights have time restrictions on them. We here at Helmer, Conley & Kasselman have attorneys skilled in automobile personal injury matters. Feel free to call us for a free consultation and a review of your automobile policy.

HCK Accepts Personal Injury Cases on a Contingency Risk-Free Basis

HCK has decades of experience securing six and seven-figure jury verdicts and settlements for victims of motor vehicle accidents. Our team includes certified civil trial attorneys, which is a credential held by only about 2% of all New Jersey attorneys. Equally, our lawyers and staff understand that your injury is personal to you. HCK treats you as they would treat their own family member. Victims are able to hire HCK in personal injury cases on a risk-free contingency fee basis, which means that the law firm takes the financial risk in presenting your case.

Let an Experienced New Jersey Car Accident Lawyer Manage Your Accident Claim

Each year, there are hundreds of fatalities on New Jersey's roads and thousands more are injured. The same is true in the Commonwealth of Pennsylvania. If you or a loved one finds yourself in that category of statistics, it is essential that your legal rights are sufficiently protected. HCK has on its team a group of talented and highly-respected personal injury attorneys, with decades of experience specific to motor vehicle accidents. Contact us today to start your claim.

Car Accident FAQs

When you are involved in a motor vehicle accident, the aftermath of the collision is overwhelming. You need to take appropriate (and immediate) steps to protect your right to receive compensation for losses you sustained as a result of the accident. You also need to understand what options you have for making a claim for damages, either from your own insurer or from the insurer of any drivers or other defendants who played a role in harming you.

Every car accident case is different, and your right to compensation will depend upon the facts of the specific case. A New Jersey car accident lawyer at Helmer, Conley & Kasselman, PA can provide you with personalized one-on-one answers and a case evaluation of your specific claim so you'll best understand how to move forward. Your consultation is free, so you should call as soon as possible when a collision occurs. You can also review some frequently asked questions about car accidents to get an idea of how New Jersey laws protect victims of collisions.

Who Pays for Medical Bills and Other Losses After a Car Accident?

New Jersey is a choice “no fault” state, which means when you bought your car insurance you got the opportunity to choose whether to opt into or out of the no fault system. If you opted in, you can file a lawsuit after a car accident only if you experienced significant injuries, including:

Permanent disfigurement
Other permanent injuries
Displaced fracture
Loss of a fetus

It is important to note that under the law an injury is permanent if “it has not healed to function normally and will not heal to function normally with further medical treatment.” Proof of this is complicated and requires attorneys experienced in medical proof. The attorneys at Helmer Conley & Kasselman have successfully dealt with proof of permanent injury.

If you suffered a serious injury and the other driver was responsible, that driver's insurer should pay for medical bills and other losses. However, if your injuries weren't serious, then your own insurer will pick up the tab for medical bills. If you opted out of no fault coverage, you can sue and hold the other driver accountable for the costs of all injuries.

What Should I Do After a Car Accident?

After a New Jersey car accident, take photographs at the scene of the crash when possible. Contact the police and get a written accident report. Exchange contact information and insurance details with the other driver and call your own insurer. You should also see a doctor, even if your aches and pains are minor, as symptoms may not go away or injuries may be more severe than you initially realize. By going to a doctor right away, you get a written record of your car accident injuries so you can later prove they were related to the crash.

Should I Talk To The Insurance Company After a Car Accident?

You will have to deal with your own insurer and perhaps the insurer of the other driver after a collision. However, you don't want to accidentally say anything that adversely affects your right to compensation. Provide basic, truthful and brief information about the crash but refrain from going into a lot of detail until you have spoken to a car accident attorney who can offer you advice on how best to deal with the insurers involved in your case.

Should You Accept a Car Accident Settlement?

Before you sign any papers with any insurance company, you need to know your rights and understand the full extent of damages and losses. You can't undo a settlement or change your mind and go back to try for more money because settling your case involves signing a release of liability. Speak with a car accident lawyer at Helmer, Conley & Kasselman, PA before you agree to a settlement so you can ensure you are getting the compensation you deserve.