If you have been involved in a car accident, it can be difficult to determine whether you have a valid claim. While some drivers are lucky enough to walk away from a crash unscathed, others endure lasting physical and emotional trauma. Generally, individuals who accrue compensable damages such as medical expenses, property damage, and pain and suffering have a valid auto accident claim in New Jersey. If you are unsure about your specific case, contact a knowledgeable Essex County Auto Accident Attorney who can help you determine the viability of your potential personal injury claim.
How Do I Know If I Have a Valid Car Accident Case in NJ?
To have a valid car accident claim in New Jersey, the party responsible for the accident must have acted carelessly, failing to exercise reasonable care, which has caused you to suffer compensable injuries. For a personal injury claim to arise you must have been harmed due to another party’s negligence or intentional actions. However, it’s not enough to prove that the defendant was negligent.
To satisfy the burden of proof, you must demonstrate that their negligence directly caused your injuries. This means you must establish a clear link between the defendant’s actions and the damages you have suffered. Furthermore, to have a valid car accident claim in New Jersey, you must have incurred actual damages. This may include physical injuries, financial losses, emotional distress, and more. If you have not incurred actual damages as a result of the defendant’s negligence, there is no claim.
Should I Consult an Attorney?
If you have been seriously injured in a car accident caused by someone else’s negligence, it’s in your best interest to enlist the help of an experienced Essex County auto accident attorney who can help you determine whether you have a valid claim. It’s important to note that New Jersey is a modified comparative negligence state. This means if the plaintiff is found to be more than 50% at fault for the cause of the accident, they cannot recover damages. However, if they are found less than 50% at fault for the cause of the accident, the amount they can record for their endured damages will be reduced according to their percentage of fault. That said, even if you are partially at fault for the collision, you may still be eligible to recover damages.
If you are unsure of whether your accident qualifies as a valid personal injury claim, please don’t hesitate to connect with our dedicated legal team. At The Law Offices of Christopher T. Howell, Esq., we are prepared to help you secure the just compensation you are entitled to. Contact our firm today to schedule a consultation to discuss your legal options.
