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Should I Get a Lawyer for a Motorcycle Accident?

Riding a motorcycle can be thrilling—there is nothing like the open road, the wind on your face, and the sense of freedom. However, that freedom can come with real risks. When a motorcycle accident happens, injuries may be severe, and medical bills can add up quickly.

In the aftermath, you might wonder: “Should I get a lawyer for a motorcycle accident?” The short answer is that many people benefit from having a New Jersey motorcycle accident attorney on their side.

Why an Attorney Should Handle the Insurance Claim For Your Motorcycle Crash?

Accident with motorcycle at a crossroads. A motorcyclist's helmet lies next to a broken bike. Oil leaked from the bike.

Contacting a motorcycle accident attorney after you suffer injuries due to someone else’s negligence, is always best. Motorcycle accidents can bring serious injuries and complicated legal processes.

Your attorney can help you avoid pitfalls and ensure legal deadlines are met. They will work to ensure the insurance company does not take advantage of you:

  • Complex Injuries: A short hospital visit might turn into multiple surgeries or physical therapy if your injuries worsen. Settling too soon can leave you without funds for future treatments.
  • Pushy Adjusters: Insurance adjusters know how to minimize payouts. They might pressure you to accept a small offer quickly. Once you sign, you typically cannot claim anything else if your condition worsens.
  • Legal Deadlines: Each state has a statute of limitations—a time limit on filing lawsuits. If you are busy recovering or do not understand the deadline, you can lose your right to sue.

Motorcycle accidents often involve higher stakes. A motorcycle accident attorney has the training to spot traps and ensure you get what you truly need, now and in the future.

Why Does Timing Matter for Hiring a Motorcycle Accident Lawyer?

Insurance companies often reach out soon after a wreck, sometimes even while you are still in the hospital. They do this because they want to settle fast, often for as little as possible. Many people, overwhelmed by pain or financial stress, take the first deal. That is usually a mistake. The extent of your injuries might not be fully known, and you can regret taking that quick payout if your medical expenses grow.

Talking to a motorcycle accident lawyer early allows them to gather fresh evidence, interview witnesses, and consult experts if necessary. Physical evidence—like skid marks or vehicle damage—can fade quickly or get repaired. Witness memories might also fade. Getting legal help early helps secure information while it is still available, boosting your case significantly.

Do You Need a Motorcycle Accident Lawyer if Liability Seems Clear?

Even when the other driver admits fault, you might be in for a fight with their insurance. The insurer can claim your injuries are not serious or that you contributed to the accident by speeding or failing to signal. If you do not have someone on your side, you might accept a lower settlement than you deserve or get blamed for something you did not do.

For example, maybe you were riding well under the speed limit, but the at-fault driver’s insurance says you were not wearing a helmet (in states that require one) or that your blinkers were not working. A motorcycle accident lawyer can correct these false claims and gather the proof needed to show the other party really is at fault.

How Do Lawyers Deal With Bias Against Motorcyclists?

One problem many bikers face is negative bias. Some people assume motorcyclists are risk-takers or do not follow traffic laws. This stereotype can seep into police reports, witness statements, or insurance evaluations. A motorcycle accident lawyer knows how to counter these biases by focusing on facts, evidence, and witness testimony that shows your actual behavior on the road.

They can also point to traffic laws or local guidelines that prove you were riding legally, possibly more safely than the other driver. For instance, if lane splitting is legal in your state and you did it properly, the lawyer can explain how you followed the rules, preventing the insurance company from using this as an excuse to deny your claim.

How Does a Motorcycle Accident Lawyer Calculate Compensation?

A model of motorcycle lying on the currency notes

When you hire a motorcycle accident lawyer, one of their main tasks is to figure out the full scope of your damages—both current and future.

This involves:

  • Medical Costs: Immediate hospital bills, future surgeries, rehab, medication, etc.
  • Lost Earnings: If you are unable to work or have to work fewer hours, you might lose income, benefits, or even career opportunities.
  • Property Damage: Your bike may need major repairs or be totaled. You could also have lost gear or personal items in the crash.
  • Pain and Suffering: This intangible category accounts for the emotional and physical distress caused by the accident.
  • Potential Long-Term Impact: If you have a lasting disability, you might need modifications at home, special medical equipment, or job retraining.

By reviewing medical records, consulting doctors, and looking at earnings statements, a motorcycle accident lawyer can propose a fair compensation demand that covers the full impact on your life. Without help, you might overlook certain costs or undervalue your claim.

Is Going to Court Always Necessary After a Motorcycle Accident?

Not necessarily. Most motorcycle accident claims end in settlements rather than a full-blown trial.

Court can be time-consuming and expensive for both sides, so they often prefer to find a middle ground. Still, a motorcycle accident lawyer prepares each case as if it can go to trial. This approach shows the insurance company that you are serious.

If the insurer or the at-fault driver will not offer a fair settlement, your attorney can file a lawsuit. Even then, many cases settle before reaching a jury because the defense may not want to risk a large verdict. However, having a lawyer who is not afraid to go to court strengthens your position in settlement talks.

How Does a Motorcycle Accident Lawyer Investigate the Crash?

Here are some of the ways a motorcycle accident lawyer can investigate your crash:

  • Examining Police Reports: A lawyer checks for errors or bias in the official account.
  • Interviewing Witnesses: They collect firsthand accounts that support your story.
  • Securing Photo and Video Evidence: Traffic cams, dash cams, or security footage may capture the accident.
  • Reviewing Vehicle Damage: The condition of your bike and the other car can reveal how the crash happened.
  • Consulting Accident Reconstruction Experts: In complex cases, experts can recreate the crash and confirm fault.

By doing this deep dive, a motorcycle accident lawyer builds a strong argument to show the insurance company or a jury exactly what happened and why you deserve compensation.

Does Insurance Treat Motorcycle Claims Differently?

A motorcycle insurance adjuster

Motorcycles often lead to bigger injury claims due to the severity of collisions. As a result, insurance companies might watch these claims more closely, searching for ways to label the rider as “risky” or “careless.” That can mean a tougher time settling fairly.

A motorcycle accident lawyer is aware of these tactics. They know how to demonstrate responsible riding and highlight the real cause of the crash.

Insurers may also try to argue that some of your injuries are not related to the crash but to a preexisting condition or failure to wear certain safety gear. That is why having legal representation to provide medical documentation and witness reports is so important.

How Important Are Medical Records in Motorcycle Accident Cases?

Medical records form the foundation of your injury claim. They show doctors’ diagnoses, treatments, and how your injuries might affect your future health. Even if you feel “okay” after a crash, you should seek a medical exam. Some conditions, like whiplash or head trauma, do not appear instantly.

A motorcycle accident lawyer uses these records to demonstrate the seriousness of your injuries, ensuring the insurance company does not claim you are exaggerating. It is also helpful if your doctor can detail how long it will take to recover, the types of treatments needed, and any probable long-term effects.

How Do Contingency Fees Work in Motorcycle Accident Cases?

Most personal injury lawyers (including those for motorcycle accidents) use a contingency fee. Means, you do not pay attorney fees unless you win or settle your case. When the case resolves, the attorney takes an agreed-upon percentage of the settlement or verdict. This approach makes legal help accessible even if you do not have money to pay upfront.

Discuss the fee percentage and any extra costs, like court filing fees or expert witness charges, before deciding to hire a motorcycle accident lawyer. Knowing how the costs break down helps you avoid surprises and plan accordingly.

What Happens During a Free Consultation with a Motorcycle Accident Attorney?

Many lawyers offer a free consultation to talk about your accident, injuries, and next steps. During that meeting, you can ask questions such as:

  • The attorney’s experience with motorcycle accident cases
  • How they communicate with clients about progress
  • Their estimated timeline for resolving your claim
  • Their strategy for negotiations and possible trial
  • Payment structures and any costs you might owe if you lose

By the end of this conversation, you should have a clearer sense of whether this motorcycle accident lawyer is a good fit.

Should You Hire a Lawyer if You Have Motorcycle Insurance?

Motorcycle accident attorney protecting rights of accident victim

Even if you have motorcycle insurance, you may face disagreements with your own insurer if they question the severity or cause of your injuries. Also, your insurance might not cover all your losses if the other driver was clearly at fault, and their policy should pay.

A motorcycle accident lawyer can sort out which insurance is responsible for which costs. They can also confirm if you have “uninsured” or “underinsured” motorist coverage that might apply if the other driver lacks enough insurance.

Sometimes, multiple insurance policies can overlap. It takes a professional to sort out complicated claims and negotiate a fair resolution. Otherwise, you risk paying bills that another insurer was responsible for.

Can a Motorcycle Accident Lawyer Speed Up the Process?

Dealing with a motorcycle accident can be slow—insurance claims, medical treatments, negotiations, and possibly court dates. But a motorcycle accident lawyer typically moves the case along more efficiently. They know which documents to file and when, so you do not lose time chasing paperwork. By showing the insurance company that they are ready to fight, attorneys often reduce delays caused by lowball offers or stalling tactics.

That said, major injuries and complex liability can still drag out the timeline. The lawyer’s job is to keep it on track, making sure that each step is taken as quickly as possible while still giving your claim the thorough attention it deserves.

How Do You Pick the Right Motorcycle Accident Lawyer?

Here are a few tips:

  • Look for an attorney with direct experience in motorcycle crash cases.
  • Check online reviews or ask friends for referrals.
  • Ask about their success rate and whether they have handled cases similar to yours.
  • Find someone you connect with personally—good communication matters.

You can also evaluate how they respond during the free consultation. Do they listen carefully? Do they explain things in a way you understand? If yes, that is a promising sign. If they seem rushed or vague, keep searching.
By having an attorney on your side, you can be confident that every aspect of your case is being handled with precision and attention to detail.

Reach Out to a Qualified Motorcycle Accident Lawyer Today

Being in a motorcycle accident can turn your life upside down, leaving you with major medical bills, lost income, and endless stress. A motorcycle accident lawyer offers invaluable support—fighting for fair compensation, gathering evidence, and protecting you from lowball offers or unfair blame.

Reach out to a qualified motorcycle accident lawyer today if you have experienced serious injuries or face tricky insurance issues. You only get one shot at a settlement or court award, and an attorney helps ensure you do not settle for less than what you need. By having an attorney on your side, you can have peace of mind and can focus on  your physical recovery.

Free consultations are common, so it costs you nothing to find out how a personal injury lawyer can help. Take that step now so you can focus on your health and future while knowing your claim is in good hands.

How Much to Expect from Car Accident Settlement

When a car accident hurts you, you might wonder how much money you can receive in a settlement. It is a common question, and there is no single answer.

Every crash is unique, involving different injuries, expenses, and circumstances. Because of this, people’s settlements can range from a few thousand dollars to well over six figures. Understanding what goes into these figures can ensure you make more informed decisions as you move forward. Consult a seasoned car accident lawyer to answer your all questions.

Why Do Car Accident Settlements Vary So Much?

Toy car on dollar banknotes and wooden judge gavel

Car accident settlements vary because no two crashes are exactly alike. One person might suffer a fractured bone and need a short hospital stay, while another might experience long-term injuries that require months or years of physical therapy.

In one case, the other driver might admit fault immediately, while both sides can strongly contest fault in another. Different states have different insurance laws, which change how insurers process claims in each location.

Insurance companies evaluate each accident by considering the severity of injuries, the financial losses, and the strength of the evidence. They look at medical records, witness statements, vehicle damage, etc.

They use this information to decide how much to pay. However, they want to settle for as little as possible. That is why many people turn to a car accident lawyer—to push back against low offers and aim for an amount that truly covers all their losses.

What Factors Can Affect Your Car Accident Settlement Amount?

These are some factors that typically influence how much money you might receive:

  • Medical Expenses: Costs for ambulance rides, hospital stays, surgeries, medication, and ongoing therapy
  • Lost Income: Any income you miss out on if you cannot work while you recover
  • Property Damage: The cost of repairing or replacing your car or other items damaged in the crash
  • Pain and Suffering: Compensation for the physical pain and emotional distress you experience
  • Policy Limits: Insurance policies have maximum limits, and your payout cannot go beyond those limits unless you file additional claims against other parties

Should You Accept the First Settlement Offer After a Car Accident?

It might feel tempting to accept the first offer you receive from the insurance company, especially if your bills are piling up. But often, the initial offer is on the low end.

If you accept it, you usually give up your right to ask for more money later—even if you find out your injuries require more treatment or you miss more work than you thought.

It is rarely wise to accept the first offer without taking time to review all of your expenses and potential future costs.

A car accident attorney will know what similar cases have settled for and can tell you if the offer is too low or close to fair. A car accident lawyer can also handle the back-and-forth negotiations with the insurance company.

How Can a Car Accident Lawyer Help You With the Settlement?

Car accident lawyer protects against financial loss from accidents

A car accident lawyer plays multiple roles in helping you pursue a fair settlement. First, they listen to your side of the story and examine details like medical records, repair bills, and police reports. They investigate the crash to see who was really at fault.

Once they have all the details, your car accident lawyer can write a demand letter to the insurance company that explains how much you want and, most importantly, why you deserve it. They also manage any legal forms, meeting all filing deadlines.

What About Medical Bills and Long-Term Costs of a Car Accident?

Medical bills can constitute some of the largest costs after a car accident. Even if you have health insurance, co-pays and deductibles might overwhelm you. You might also need physical therapy, mental health counseling, or other long-term treatments not fully covered by insurance.

A settlement can pay these bills, but you need enough to handle current and future costs.

For long-term injuries, such as those involving spinal cord damage or severe head trauma, medical expenses can last for years.

A car accident lawyer can work with medical professionals to estimate future needs. This might include ongoing medications, additional surgeries, or special equipment. Include these in your claim since you might face these costs long after the final settlement.

How Does Lost Income and Reduced Earning Capacity Affect the Payout?

If you can’t work while you recover, the paychecks you miss should factor into your settlement. This is called lost earnings. You might also lose sick or vacation days during your recovery, and the settlement may account for these losses.

Reduced earning capacity is a bit different. It applies if you cannot work at the same level or in the same job as before, possibly resulting in lower earnings for years to come. This reduction can add up to a significant financial loss over time. 

A car accident lawyer can calculate and include these future losses in your settlement demand.

When Should You Hire a Car Accident Lawyer?

Wooden cars with judge's gavel on lawyer's table during meeting in office

Hire a car accident lawyer as soon as you can after a crash, particularly if:

  • You have serious injuries that might need long-term treatment.
  • The other driver’s fault is unclear, or the insurance company is disputing it.
  • Your bills are very high, or you are missing a lot of work.
  • The insurance company has offered a settlement that seems too low or pressures you to settle quickly.

Waiting too long can hurt your case. Evidence can disappear, witnesses might forget details, and the insurance company may have time to build a case against you. By contacting a lawyer early, you give yourself the best chance for a fair settlement.

Can You Get Compensation for Pain and Suffering After a Car Accident?

Yes, many settlements also include compensation for pain and suffering. This term covers the physical pain, emotional stress, and changes to your quality of life caused by the accident.

A lawyer can price these losses, so insurance companies often have formulas or methods to calculate them. Still, the final number can differ significantly from one case to another.

Speak to a Car Accident Lawyer for Real Answers

Hiring an experienced car accident attorney can make a huge difference in the outcome of your claim. A lawyer knows how to calculate damages accurately, negotiate with insurance companies, and protect you if a lawsuit becomes necessary.

Do not risk missing out on the compensation you deserve. Contact a New Jersey personal injury attorney today to learn more about your case and move one step closer to a fair settlement.

When to Get an Attorney for a Car Accident

When you’ve been in a car accident, navigating the aftermath can be overwhelming and stressful. Dealing with medical appointments, insurance companies, and lost income due to time off work can add to your already significant stress level. During this time, it is important to take care of yourself and focus on your physical and emotional well-being. In cases where significant damages or injuries were sustained, it is necessary to seek legal representation to ensure you seek the proper justice and compensation.

An experienced car accident attorney will guide you through the legal process, negotiate with insurance companies, and advocate for your best interests. If you find yourself in a situation where you’re unsure of what steps to take or feel overwhelmed by the process, contact an attorney near you who understands the detailed process of car accident cases. They can provide the guidance and support you need to overcome this difficult time.

Understanding the Challenges of Car Accident Cases

Wooden cars with judge's gavel on lawyer's table during meeting in office

Although relatively common, car accident cases can be incredibly complicated. They often require a detailed understanding of traffic laws, insurance policies, and personal injury laws. If you are feeling overwhelmed, you can simply hire an attorney to handle every aspect of your case.

Car accident lawyers charge nothing to evaluate your case and no upfront fees to begin representing you. Anyone can hire a car accident attorney, regardless of their financial situation. This means there is never any reason to fumble through the car accident claim process without the proper professional representation.

Here are some scenarios where it’s advisable to consider hiring a car accident attorney:

Severity of Injuries

If you sustained severe injuries that require medical attention, it’s advisable to seek legal representation. Severe injuries can result in extensive damages due to medical bills, ongoing treatments, rehabilitation, and potential loss of income.

Insurance companies often push back on the severity and effects of injuries in an attempt to minimize the monetary value of your claim. An experienced car accident attorney will fight for your rights and the maximum compensation for your injuries. This often includes past and future medical expenses, lost earnings, and pain and suffering.

Disputed Liability

Sometimes, the party to blame for the car accident will deny liability. In car accident cases where fault is disputed, you must have a car accident lawyer on your side. Determining liability is a key aspect of the legal process. Insurance companies often try to shift blame or downplay their policyholders’ responsibility to decrease the claim amount or deny it altogether. An attorney will gather evidence, interview witnesses, and work with accident reconstruction experts to establish liability and ensure you are not unfairly held responsible for the accident.

Insurance Company Tactics

Dealing with insurance companies can be daunting, especially when they employ tactics to devalue or deny your claim. Insurance adjusters might contact you soon after the crash, asking detailed questions and requesting you to give recorded statements. It is always wise to politely decline these discussions until you have legal representation. Adjusters are simply looking for statements they might twist and use against your claim.

Insurance adjusters may also try to settle your case quickly for a minimal amount, hoping that you’ll accept a low offer before fully understanding your rights. Settling usually means leaving significant money on the table, as you might have no idea of the true value of your claim. Further, extended expenses like ongoing physical therapy or other medical bills might not be considered, as well as non-economic losses like pain and suffering.

To avoid this scenario, it is advisable to work with a skilled lawyer from the start who can determine the proper value of your claim. An attorney will handle all communication with insurance companies, negotiate a fair settlement on your behalf, and ensure you do not say the wrong thing or accept an insufficient settlement.

Complying with the legal procedures involved in a car accident case can be overwhelming, particularly if you have little to no experience with the law. You need to take many steps to file a claim correctly. Missing filing deadlines, failing to submit proper documentation, or making procedural errors can significantly impact the outcome of your case. An attorney will ensure that all necessary paperwork is filed promptly, meet all legal requirements, and guide you through the process step by step.

Adequate Compensation

Although they may seem empathetic to your situation, insurance companies are profit-driven entities and often try to settle claims for the lowest possible amount. Without legal representation, you may not fully understand the potential value of your case and accept a settlement that falls short of covering your damages adequately. An attorney will assess the true value of your claim, considering medical expenses, property damage, lost income, and other relevant factors, ensuring you receive the compensation you deserve.

Car accident attorney protecting rights of accident victims

A crash is a stressful and overwhelming experience, and the challenges are often just beginning. You might wonder if you need a car accident lawyer in the aftermath, and the answer is usually yes. When damages or injuries are involved, legal representation is your best tool to protect your rights and ensure fair compensation. An experienced attorney can work through the legal process, negotiate with insurance companies, and advocate for your best interests. Don’t hesitate to contact an attorney near you who has experience working with car accident cases if you find yourself in a situation where you’re unsure of what steps to take. They can provide the guidance and support you need to get through this difficult time.

Contact a Skilled Car Accident Lawyer Right Away

If you’ve been in a car accident, it’s essential to consult a knowledgeable lawyer who has a successful record of working with car accident cases. Contact an attorney near you to ensure your rights are protected, receive the compensation you deserve, and confidently get through the claim process. Don’t wait; reach out to a New Jersey personal injury lawyer today and get the support you need.

Where do Car Accidents Most Occur in New Jersey?

Car accidents can happen anywhere and anytime, but certain areas in New Jersey have been identified as high-risk zones for vehicle collisions. Car accidents can be distressing events, leading to unexpected injuries, damages, and even loss of life. Whether you are traveling down busy highways, through intersections, or on residential streets, a dangerous driver can cause a collision at any time. If you or a loved one has been in a car accident, you should always seek legal advice as soon as possible so you can understand your rights and options.

Contact a New Jersey car accident lawyer near you to discuss your situation for free and receive the representation you need to seek proper compensation.

Highways and Interstates

Car Accident on the road in New Jersey

New Jersey’s highways and interstates are notorious for their high volume of traffic and, consequently, a higher risk of car accidents. These roads often have multiple lanes, high speeds, and heavy congestion, leading to dangerous situations. Some of the most accident-prone highways in New Jersey include:

Garden State Parkway

The Garden State Parkway is a major north-south highway that runs the length of New Jersey. With its high traffic volume, this highway can be a hotspot for car accidents. Distracted or aggressive drivers are common on the Garden State Parkway, and they regularly cause crashes.

New Jersey Turnpike

The New Jersey Turnpike is another major north-south highway that connects the state to neighboring states like New York and Pennsylvania. Due to its heavy traffic flow and congested intersections, accidents are common on this roadway. If you are traveling on the New Jersey Turnpike, stay alert, especially during peak travel times, and know that others might not be following all traffic laws.

I-287

I-287 is a key interstate highway in New Jersey, connecting various counties within the state. This highway can experience heavy traffic, especially during rush hour. Accidents on I-287 are often caused by speeding, reckless driving, or impaired driving. Drivers are not always focused, watching for other drivers, or following the speed limit, which can cause potential accidents on this busy roadway.

Busy Intersections

Regardless of the area, intersections are notorious hotspots for accidents due to the convergence of vehicles coming from different directions. In New Jersey, several intersections have gained a reputation for their high frequency of car accidents. Some of the busiest and most accident-prone intersections include:

Routes 1 and 9 Intersection in Linden

The intersection of Routes 1 and 9 in Linden is known for its heavy traffic and frequent accidents. This intersection sees a high volume of commercial vehicles and commuters, making it a challenging spot for drivers. Many people do not exercise proper caution or follow traffic signals when navigating through this intersection.

Route 22 and Garden State Parkway Intersection in Union

The intersection of Route 22 and the Garden State Parkway in Union is another accident-prone area. This popular intersection has heavy traffic from both local commuters and out-of-town travelers. Many drivers fail to stay alert and exercise defensive driving techniques at this intersection.

Route 35 and Amboy Avenue Intersection in Woodbridge

The intersection of Route 35 and Amboy Avenue in Woodbridge has seen its fair share of car accidents. This area has a mix of local traffic, pedestrians, and cyclists, making it challenging for drivers to get through safely. When drivers are not cautious, fail to yield to pedestrians, or disregard traffic signals, they can cause severe intersection accidents.

Residential Areas

While it is common knowledge that accidents can happen on highways and intersections, residential areas also pose their own set of risks. Residential streets often have lower speed limits, but accidents can still occur due to various factors such as distracted driving, speeding, or failure to yield. Some areas in New Jersey that see a higher number of car accidents include:

Newark

Newark is the largest city in New Jersey and has a high rate of car accidents. Its dense population, congested streets, and mix of residential and commercial areas make it a challenging environment for drivers. Other drivers might not maintain caution, follow local traffic regulations, or watch out for pedestrians and cyclists while driving in Newark.

Jersey City

Jersey City is another densely populated area in New Jersey with a high number of car accidents. The city’s numerous intersections, one-way streets, and heavy pedestrian traffic contribute to the risk of accidents.

Edison

Edison is a township in Middlesex County where car accidents are relatively common. Its busy streets, numerous shopping centers, and residential areas contribute to the higher risk of crashes.

If you have been in a car accident in any of these parts of NJ, it is advisable to speak with an experienced car accident lawyer right away.

Benefits of Working with a New Jersey Car Accident Lawyer

Car Accident lawyer working on laptop beside judge's gavel and car model

From dealing with insurance companies to understanding complicated legal procedures, it’s easy to be overwhelmed and make mistakes in the wake of a crash. That’s why working with a skilled car accident lawyer can make such a difference in the success of your case. Some of the many benefits of having a trusted NJ car accident attorney by your side during this challenging time include:

  • Gaining maximizing compensation from your claim
  • Legal support and guidance
  • Improved claim success rate 
  • Ability to focus on treating and healing from your injuries while your attorney works on your case

Consult a New Jersey Car Accident Lawyer

If you have suffered injuries in a car accident in New Jersey, never wait to seek legal representation to protect your rights and maximize your compensation. Contact a qualified New Jersey car accident lawyer who can guide you through the legal process and advocate for your best interests. Don’t wait to seek help – consult a lawyer near you today.

Once you have the representation of an experienced attorney, you can face the legal system and get the compensation you deserve. Contact a personal injury attorney near you to discuss your car accident case and take the first step toward securing your future.

Causes of Truck Accidents

truck accident can be devastating and often results in serious injuries or even fatalities. Many different scenarios can lead to a truck accident, including driver fatigue, speeding, distracted driving, improper maintenance, and even the influence of alcohol or drugs. These accidents can also happen due to negligence on the part of the trucking company or other parties involved.

If you are dealing with the physical, emotional, and financial consequences of a truck accident, always seek legal assistance to protect your rights and pursue the compensation you deserve. Take the first step towards justice and contact a truck accidents lawyer near you. They will work with you through the legal process and uphold your rights.

Driver Fatigue

Driver Fatigue

One of the leading causes of truck accidents is driver fatigue. Even though there are strict regulations on hours of service that long-haul truckers must abide by, they often still work extended hours and spend long periods on the road, which leads to fatigue and drowsiness.

The demands of the job, coupled with irregular sleeping patterns and tight schedules, can make drivers susceptible to fatigue. Unfortunately, fatigue impairs a driver’s judgment, slows their reaction time, and increases the likelihood of making critical errors behind the wheel.

If you have been injured by a fatigued driver, it is necessary to hold the truck driver and trucking companies accountable for their negligence. Truck drivers should always be rested and alert to avoid putting themselves and others in a dangerous situation.

Speeding

Speeding is a common cause of truck accidents. Like all motorists, truck drivers sometimes exceed the speed limit to meet delivery schedules or reach their destinations faster. However, speeding in a large, heavy truck dramatically reduces the driver’s ability to react to unexpected situations and increases the stopping distance required.

A speeding truck driver puts everyone on the road at risk, including other drivers, passengers, and pedestrians. If you or a loved one has suffered an injury in a truck accident caused by a speeding truck driver, consult a truck accident attorney who can seek compensation for your injuries and hold the responsible parties accountable.

Distracted Driving

Truck Driver using smart phone

Distracted driving is a problem not only for passenger vehicles but also for truck drivers. Electronic devices, like cell phones, navigation systems, and even in-cab entertainment systems, can distract truck drivers and take their attention away from the road. Additionally, distractions such as eating, drinking, or grooming while driving can affect their ability to react quickly.

Truck drivers must prioritize their focus on the road and not engage in any activity that diverts their attention. If a distracted truck driver caused your accident, a truck accident lawyer can build a strong case and pursue the compensation you deserve.

Improper Maintenance

Trucks must be properly maintained so they operate safely. Negligent truck company or driver practices, such as failing to inspect and maintain essential vehicle components, can lead to catastrophic accidents. Malfunctioning brakes, worn-out tires, faulty steering systems, or other mechanical failures can result in the loss of control of the truck and cause devastating collisions.

Trucking companies must take responsibility for properly maintaining their fleet and ensuring that their vehicles are safe to be on the road. If you have been injured in a truck accident caused by improper maintenance, an attorney can hold the trucking company accountable for their negligence.

Influence of Alcohol or Drugs

Operating a vehicle under the influence of alcohol or drugs is an unacceptable and dangerous behavior for any driver, especially truck drivers. Driving a truck while intoxicated significantly impairs a driver’s judgment, coordination, and reaction time, increasing the risk of a serious accident.

Trucking companies must enforce strict policies and actively screen and test their drivers for substance abuse. If you have been affected by a truck accident caused by a driver who was under the influence of drugs or alcohol, it is essential to consult with an attorney who can pursue legal action for you.

The Benefits of Working with a Truck Accident Lawyer

Truck Accident Attorney protecting truck accident victims

The aftermath of a truck accident can be overwhelming. From dealing with insurance companies to navigating the legal process, having the right support on your side is essential. There are many benefits to working with a skilled truck accident lawyer, including:

  • Managing the legal system: Truck accidents often involve multiple parties, including the truck driver, the trucking company, and sometimes even the manufacturer of the truck or its parts. A skilled lawyer has the knowledge and experience to investigate the accident thoroughly, gather necessary evidence, and assess liability. They can then build a strong case on your behalf, increasing the chances of a favorable outcome.
  • Dealing with insurance companies: Your attorney can directly handle negotiations with insurance companies. After a truck accident, insurance companies may try to minimize or deny your claim. They may use tactics to pressure you into accepting a lower settlement than you deserve. With a lawyer by your side, you level the playing field. A skilled truck accident lawyer will understand the tactics insurance companies use and can advocate fiercely for your rights. They will negotiate on your behalf, seeking the compensation you deserve for your injuries, medical bills, lost income, and other damages.
  • Legal Guidance and Support: Your lawyer can provide invaluable support throughout the entire claims process. They can handle all the paperwork and legal procedures, allowing you to focus on your recovery. A lawyer will keep you informed of your rights and options, providing guidance and advice based on their legal knowledge. They will represent your best interests, fighting for a fair resolution and ensuring your case receives the attention it deserves.

Speak with a Truck Accident Attorney Near You 

Truck accidents result in serious injuries, and recovery can be challenging. Seeking legal representation is the best way to protect your rights, work through the legal process, and ensure you receive the compensation you need to move forward.

If you or a loved one has been in a truck accident caused by negligence, contact an attorney near you to discuss your case. An experienced personal injury attorney in New Jersey can evaluate the circumstances surrounding your accident, gather evidence, and advocate for your rights to just compensation.

What To Expect After a Car Accident

It can be hard to know what to expect after a car accident. You can expect some challenges and some that are unique to your circumstances. Having an experienced personal injury attorney will give you confidence to face any problem that may arise after getting into a car accident.

Contact a lawyer today to learn more about your legal options after a car accident. You do not have to pursue compensation alone. Call a lawyer as soon as possible after an accident to learn what options you have after a car accident.

Getting a Treatment Plan

Seeking medical treatment after a car accident is important. It is important to your physical well-being and to support your legal claim to see a doctor immediately after a crash. Be sure to complete any medical treatment plan created by your doctor and care team.

Common Injuries In Car Accidents

Some injuries are common in car accidents. It is important to seek medical intervention after an accident, even for seemingly minor injuries. Common injuries after a car accident can include:

Psychological Injuries

A car accident is a traumatic event. As with any other traumatic event, you might face mental health issues. Post-traumatic stress disorder or anxiety can develop after a serious accident.

Knee Injuries

Damage to the victim’s knees can occur from hitting the dashboard or during the impact of a car accident.

Chest Injuries

Rib fractures or internal injuries can result from seatbelt use and the impact of the steering wheel. Seeking medical attention is the best way to ensure your injuries are fully treated.

Facial Injuries

A car accident can cause facial injuries. Cuts, bruises, or fractures to the face, including dental injuries, can happen from airbags or dashboard impacts.

Back Injuries

Back injuries are serious. Any damage to the spine, including herniated discs or muscle strains, can occur from the jolting motion of the crash.

Soft Tissue Injuries

Sprains, strains, and bruises to muscles, tendons, and ligaments are frequent due to sudden stops or movements. Soft tissue injuries can leave the victim struggling with chronic pain issues.

Fractures

Car accidents can easily cause broken bones and fractures. Common fractures from car accidents typically include broken arms, legs, ribs, collarbones, etc., resulting from the impact of the crash.

Head Injuries

Concussions and traumatic brain injuries can occur, especially if the head strikes an object. Head injuries can have long-term consequences, so having legal representation will maximize your chances of the best outcome available after a car accident.

Whiplash

Whiplash is a neck injury caused by a sudden stop where the victim is abruptly jolted forward and backward. Whiplash usually causes the victim to feel severe pain and stiffness.

Fighting With The Insurance Company 

After a car accident, you might face an uphill battle against the car insurance company. Having an attorney is the best way to get what you deserve from a car insurance company after an accident.

Bad-Faith Tactics Insurance Companies Use 

Insurance companies work hard to avoid making payments after someone suffers an injury in a car accident. Insurance adjusters often use bad-faith negotiation tactics to avoid making payments. Here are examples of how car accident lawyers can help accident victims financially recover after a car crash:

  • Targeting vulnerable claimants
  • Using complicated language
  • Ignoring communication about the case
  • Delaying claims 
  • Lowball settlement offers
  • Pressuring claimants to resolve their case
  • Conducting an inadequate investigation 
  • Misrepresentation of the terms of the insurance policy 
  • Denying valid claims 

How Can An Attorney Help Me During Settlement Negotiations? 

A car accident attorney can overcome the bad-faith tactics that many insurance companies use to avoid making payments. One way attorneys help their clients is by being involved in settlement negotiations.

Getting what you deserve from an insurance company can be challenging. An attorney will fight during settlement negotiations to leave no money on the table.

An attorney can be successful in the negotiation process by doing the following:

  • Understanding insurance tactics 
  • Avoid common pitfalls 
  • Legal representation 
  • Case strategy development
  • Communication with insurance adjusters 
  • Evidence gathering 
  • Negotiation skills 
  • Accurate valuation of the claim 
  • Experience in the law 

Having an attorney during settlement negotiations can increase the likelihood of a favorable outcome, ensuring your rights are protected throughout the process.

Litigation 

If you cannot reach a satisfactory settlement with the insurance company, you can expect to take your case to court to resolve it. Your attorney might file a lawsuit in court on your behalf.

An attorney can provide crucial assistance during litigation in several ways, including:

Your car accident will help your case by drafting all necessary legal documents. Attorneys are skilled in drafting case documents.

Case Preparation

Attorneys can prepare your case by gathering evidence, interviewing witnesses, and developing a strategy tailored to your situation. Work with your lawyer to discover the best way to build a strong case for financial compensation.

Managing Discovery

The discovery process is the phase of the case when each side provides evidence to the other. An attorney can handle the discovery process for you, ensuring that all relevant information is gathered and exchanged appropriately.

Advising You on Risks

Attorneys can advise you on potential risks and outcomes, helping you make informed decisions throughout the litigation process.

Expert Witnesses

Attorneys can identify and engage expert witnesses who can provide testimony to strengthen your case.

Appeals Process

If the outcome of your case is unfavorable, an attorney can guide you through the appeals process, if applicable.

Your attorney will be available to answer your questions and offer helpful solutions. Having an attorney means that you have a valuable resource of legal knowledge.

Having an attorney can be helpful in many ways. Contact a personal injury lawyer as soon as possible if you have suffered an injury in a car accident.

Contact a Car Accident Lawyer Today

You never know what you can expect after a car accident, but you can be prepared for any outcome with the assistance of an attorney. Do not delay. If you have suffered an injury or a loved one has been killed in a car accident, contact an experienced personal injury lawyer today. 

Types of Car Accidents

Many Americans are involved in car accidents across the country every day. These accidents can cause serious injuries and even death. If you or a loved one have suffered an injury or killed in a car accident, you need legal representation.

If you have a car accident claim, contact an experienced car accident lawyer immediately. Start today on the road to full and fair financial compensation. 

Types of Car Accidents 

The National Highway Traffic Safety Administration reported that 40,990 people died in traffic accidents across the country in one year alone. This shows a 6.3 percent decrease in car accident deaths from the previous year. In another year, authorities reported 42,514 traffic deaths.

These statistics do not reflect the number of people who survived a traffic accident but live with serious injuries. Whether you lost a loved one in a car accident or suffered injuries yourself, you deserve legal representation. Contact a car accident attorney today to learn more about your legal options.

Rear-End Collisions

Rear-end collisions are among the most common types of traffic accidents. Rear-end crashes usually happen because a driver is distracted, suddenly stops, or tailgates the forward driver. While authorities usually consider the driver of the rear vehicle at fault for the accident, liability always depends on the surrounding circumstances.

Head-On Collisions

A head-on collision happens when two vehicles strike each other front-to-front. It can be caused by a variety of things, including speeding, bad road conditions, or wrong-way driving. A car accident attorney can help decipher liability issues.

Side-Impact Collisions

A side-impact crash, also known as a T-bone accident, occurs when a vehicle crashes into the side of another vehicle. This type of accident can also happen when a driver blows through a stop sign or runs a red light.

Single Vehicle Accidents

Single-vehicle accidents only involve one car and can happen for a variety of reasons, including losing control of the car, weather conditions, mechanical failures, or driving under the influence of drugs or alcohol.

Multi-Vehicle Accidents

Multi-vehicle accidents or pileups can happen for many reasons. Multi-car accidents can lead to complex situations on the road. An attorney can ensure you understand your right to recovery from a multi-car accident.

Hit-And-Run Accidents

A hit-and-run accident occurs when a vehicle crashes into another vehicle and then leaves the scene without exchanging the information required by state law. Depending on state law, leaving the scene of an accident can be considered a criminal offense.

Pedestrian Accidents

Pedestrian accidents can happen between a motorist and a pedestrian. The pedestrian is usually at the most risk of serious bodily injury. If you are the victim of a pedestrian accident, contact an attorney to learn how to protect your legal rights and discover your options after getting hurt in an accident.

Cyclist Accidents

Cyclist accidents involve a vehicle colliding with a cyclist, often resulting in serious injuries. Driver inattention, poor visibility, left or right turns, and even opening car doors usually cause these accidents.

DUI Crashes

Driving under the influence of drugs or alcohol is dangerous and negligent. Impaired driving can lead to poor judgment and a lack of awareness of lane boundaries. A driver who caused a car crash because they were impaired might face criminal and civil liability.

Weather conditions can lead to serious accidents. Weather-related conditions significantly impact driving safety and can lead to various traffic accidents. An accident can easily happen because of slippery or hazardous road conditions caused by bad weather.

Vehicle Rollovers

Vehicle rollovers occur when a vehicle tips over on its side or roof, often resulting in serious injuries or fatalities. They often happen when vehicles make sharp turns and lose control and can happen often with vehicles with high centers of gravity, like SUVs or larger commercial trucks.

If you have suffered an injury in any type of car accident or you have lost a loved one in a crash, contact an attorney. An experienced car accident lawyer can increase your chances of receiving full and fair compensation after a car accident.

Common Car Accident Injuries

A car accident can cause many types of injuries. Some common car accident injuries include the following:

Neck and Chest Injuries 

Neck and chest injuries are common in car accidents and can range from mild to severe. Common neck and chest injuries can include:

  • Heart attack 
  • Broken or bruised ribs 
  • Whiplash 

Arm and Leg Injuries 

Arm and leg injuries are common in car accidents and can vary in severity. Some common arm and leg injuries include:

  • Amputation
  • Dislocated joints 
  • Broken bones 

Soft Tissue Injuries

Car accident victims often live with soft tissue injuries. Soft tissue injuries damage muscles, ligaments, tendons, and other connective tissue. Examples of soft tissue injuries include:

  • Bruising 
  • Sprains and strains 

You deserve compensation for your injuries. A skilled personal injury attorney can help get the financial recovery you deserve after an accident. Having an attorney means that you can focus on your physical well-being while your car accident attorney works on your legal claim.

How Much Are My Injuries Worth?

Each car accident is unique, so there is no guaranteed way to determine the value of a claim. However, some factors indicate an estimated monetary value of your case. An attorney can ensure you understand what compensation you might be entitled to after a car accident.

Factors that help indicate the financial value of your claim include the following:

  • State law 
  • Insurance coverage 
  • Medical expenses 
  • Property damages 
  • Lost income 
  • Pain and suffering 
  • Disability 

An attorney can ensure you understand the full value of your car accident case. Contact a lawyer if you have suffered an injury in a car crash, as they can guide you through the legal process and advocate for your rights.

Contact a Car Accident Lawyer Today

You deserve full compensation for the losses you suffered after a car accident. A car accident attorney can get you there. There is no reason to delay creating the legal team that you need to help protect your legal rights after a car accident. Call an attorney today. 

Estate of Massi v. Township of Monroe: Holding Municipalities Accountable to Cyclists for Poor Road Maintenance

A recent New Jersey Appellate Division case underscores the importance proper road maintenance for the use and enjoyment of cyclists in a tragic case involving William Massi, a cyclist whose severe injuries were the result of a poorly maintained public roadway. In a well-written opinion, Judge Sabatino recognized that “bicycle riding has become increasingly prevalent on our public roadways. That increased usage has heightened safety concerns about the condition of roadway surfaces used by bicyclists as well as motor vehicles. Since the 1990s, the New Jersey Department of Transportation (‘DOT’) has published guidelines for the safe condition of road surfaces used by both bicycles and motor vehicles.” For further reference, you can access the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines here and here.

The Estate of William Massi filed a lawsuit against several parties after William’s tragic accident on Wyckoff Mills Road, a two-lane road that straddles Monroe and Cranbury Townships. Despite numerous complaints and frequent patch repairs over several years, the road was plagued with potholes and other dangerous surface irregularities. On April 27, 2017, William swerved to avoid a passing truck and lost control of his bicycle when his tires hit the potholes, leading to a severe fall. Tragically, William passed away while the appeal was pending, although his death was not a direct result of the bicycle accident.

Under New Jersey’s Tort Claims Act (TCA), public entities can be held liable for injuries caused by dangerous conditions that the entity owns, maintains, or controls. The key legal questions in this case are:

  1. Was the road in a dangerous condition?
  2. Did the municipalities have notice of the condition?
  3. Was the failure to repair the road palpably unreasonable?

Judge Sabatino’s Opinion

Judge Sabatino, writing for the Appellate Division panel, delivered a comprehensive opinion that reversed the trial court’s grant of summary judgment in favor of Monroe and Cranbury Townships. Here are some of the critical points and reasons behind the reversal:

  1. Dangerous Condition of the Roadway: Judge Sabatino highlighted that the road’s surface was chronically poor, with numerous complaints and repairs over several years. Maintenance records revealed that the road had been patched “hundreds of times” in the five years preceding the accident, indicating chronic neglect and a persistently dangerous condition.
  2. Citizen Complaints: Several citizens had reported the poor condition of the road to the municipalities, making it clear that there was widespread awareness of the problem. These complaints showed that the municipalities had actual knowledge of the road’s hazardous state and the risks it posed to public safety.
  3. Expert Testimony: The court found the unrebutted expert testimony of Dr. Wayne Nolte, a civil engineer, compelling. Dr. Nolte stated that the improper repair methods used by the municipalities rendered the road hazardous. He indicated that the repeated cold patch repairs were inadequate and contributed to the persistent dangerous condition.
  4. Notice and Actual Knowledge: The court concluded that the facts presented a jury question regarding whether the municipalities had actual and/or constructive notice of the dangerous condition. The numerous complaints from citizens and the hundreds of patch repairs demonstrated that a reasonable juror could conclude that the municipalities knew or should have known about the road’s condition.
  5. Palpably Unreasonable Condition: The opinion underscored that the municipalities’ failure to properly repair the road, despite knowing its dangerous condition, could be viewed by a jury as palpably unreasonable conduct. The repeated and ineffective repair attempts, combined with the knowledge of the road’s condition, suggested a level of neglect that justified a jury’s consideration.

Distinguishing this case from Polzo I and Polzo II

Judge Sabatino’s opinion carefully distinguished the facts of this case from our Supreme Court’s decisions in Polzo v. County of Essex (“Polzo I” and “Polzo II”):

  1. Location of the Accident: In Polzo, the bicycle accident occurred on the shoulder of the road, not on the travel lanes. The Supreme Court emphasized that roadways are primarily intended for vehicular traffic, not for bicyclists riding on the shoulder. In contrast, William Massi’s accident occurred on the travel lanes of Wyckoff Mills Road, which are meant for all types of vehicles, including bicycles and motorcycles.
  2. Nature of the Road Condition: The road surface in the Massi case was chronically poor, with documented evidence of hundreds of repairs and multiple complaints. The expert testimony indicated that the condition was hazardous for both bicycles and motorcycles, whereas the Polzo case involved a single depression on the shoulder that was not shown to be hazardous for motor vehicles.
  3. Duty to Maintain: Polzo II held that public entities do not have to make road shoulders completely risk-free for bicyclists. However, in Massi’s case, the court recognized that the travel lanes, which are intended for vehicles including bicycles and motorcycles, must be maintained to a safe standard. The extensive and repeated repairs highlighted a duty that reasonable juror could conclude that the municipalities failed to meet.

The Court’s Decision

The appellate court vacated the summary judgment in favor of the Townships, meaning the case would go back to trial for further examination of these issues. This decision underscores the municipalities’ potential liability and the need for public entities to maintain roadways in a condition safe for all users, including bicyclists and motorcyclists.

Why This Case Matters

This case is a stark reminder of the responsibilities that municipalities owe to members of the public in maintaining and repairing public infrastructure. It highlights how neglecting these vital public safety duties can lead to severe, life-altering consequences for cyclists, runners, and motorists. At Shebell & Shebell, we are dedicated to helping those who suffer due the negligect of public entities.

If you or a loved one has been injured due to poorly maintained public property, don’t hesitate to contact us. We are here to fight for your rights and hold negligent parties accountable. Your safety should never be compromised due to the neglect of others.

Rideshare Company Liability for Accidents in New Jersey: What You Need to Know

In the world of modern transportation, rideshare companies like Uber and Lyft have transformed the way we travel. They’re convenient, affordable, and accessible. But what happens when an accident occurs involving one of these rideshare vehicles? Understanding the liability in these situations can be crucial, especially in New Jersey, where specific laws and regulations come into play.

The Basics of Rideshare Liability

Rideshare companies operate differently from traditional taxi services. Drivers use their personal vehicles, and the rideshare company acts as a middleman, connecting drivers with passengers through an app. This setup raises unique questions about liability when an accident happens.

In New Jersey, the law is clear: rideshare companies must provide insurance coverage for their drivers. This coverage is tiered based on the driver’s status at the time of the accident, as mandated by the Transportation Network Company Safety and Regulatory Act (N.J.S.A. 39:5H-1 through 39:5H-28).

  1. Offline or App Off: If the driver is not logged into the app, their personal insurance is in effect.
  2. App On, No Passenger: When the driver is logged into the app but has not yet accepted a ride, the rideshare company’s insurance provides limited coverage:
    • $50,000 for bodily injury or death per person (N.J.S.A. 39:5H-10a).
    • $100,000 for bodily injury or death per accident (N.J.S.A. 39:5H-10a).
    • $25,000 for property damage (N.J.S.A. 39:5H-10a).
  3. App On, Passenger in Car: Once a ride is accepted and a passenger is in the vehicle, the rideshare company’s full insurance coverage kicks in:
    • $1.5 million in liability coverage for bodily injury, death, and property damage (N.J.S.A. 39:5H-10b).
    • $1.5 million in uninsured/underinsured motorist coverage (N.J.S.A. 39:5H-10b).
    • $10,000 for personal injury protection (PIP) per person per accident (if the driver’s personal policy does not include PIP) (N.J.S.A. 39:5H-10b).

Insurance Requirements in New Jersey

New Jersey mandates that rideshare companies provide specific insurance coverage to protect passengers, drivers, and third parties. This comprehensive insurance framework ensures that victims of rideshare accidents have a clear path to compensation, reflecting the seriousness of the potential injuries and damages that can occur.

Determining Fault and Seeking Compensation

After an accident, determining fault is a critical step. In New Jersey, a comparative negligence state, multiple parties can share fault. The percentage of fault assigned to each party directly impacts the compensation they can receive.

If you’re involved in a rideshare accident, whether as a passenger, pedestrian, or other driver, it’s essential to gather evidence. Take photos, get witness statements, and collect all relevant information. This documentation will be vital when filing a claim.

The Role of a Personal Injury Lawyer

Navigating the complexities of rideshare accident claims can be daunting. That’s where an experienced personal injury lawyer comes in. They can help you understand your rights, negotiate with insurance companies, and ensure you receive fair compensation for your injuries and losses.

In New Jersey, the law provides a solid foundation for holding rideshare companies accountable. However, each case is unique, and the details matter. Consulting with a lawyer who specializes in rideshare accidents can make all the difference.

Conclusion

Rideshare companies offer convenience and flexibility, but accidents can happen. Understanding the liability landscape in New Jersey ensures you are prepared and protected. Remember, the law is on your side, and with the right legal support, you can navigate the aftermath of an accident with confidence.

Stay safe, know your rights, and don’t hesitate to seek expert advice if you find yourself involved in a rideshare accident. Your journey to justice starts with understanding the road ahead.

This guide outlines the key aspects of rideshare liability in New Jersey, referencing the Transportation Network Company Safety and Regulatory Act (N.J.S.A. 39:5H-1 through 39:5H-28). For detailed legal advice tailored to your specific situation, always consult with a professional.

Who Can File a Wrongful Death & Survivorship Lawsuit in New Jersey

Losing a loved one is always devastating. The pain can be even more troubling and grieving more difficult when death results from the wrongful action or negligence of another person. New Jersey law provides a way for surviving family members to seek justice and compensatory damages for those harmed by the loss of the deceased victim.

Read more below from New Jersey’s experienced wrongful death & survivorship lawyers at Shebell & Shebell, LLC, about who can file a wrongful death & survivorship lawsuit in our state.

Understanding Wrongful Death & Survivorship in New Jersey

State law provides a right of recovery in cases where a person’s death occurred because of the negligent, wrongful, or criminal act of another person. Death might occur immediately during the wrongful act or could come much later.

In essence, any personal injury claim that a living person would have for damages can lead to a wrongful death & survivorship case. Only a legally qualified person can handle the case on behalf of those entitled to recover.

Eligibility to File a Wrongful Death & Survivorship Lawsuit

Wrongful death & survivorship cases in New Jersey involve both personal injury law and probate law. Who can file a wrongful death lawsuit in our state? Here, a wrongful death lawsuit must be filed and handled by the personal representative of a deceased person’s estate.

There are two types of personal representatives. For people with a will, the probate court appoints the person named in the will as executor. For people who die without a will, the probate court will appoint a qualified person to act as the administrator of the estate.

Who Can Recover Damages in a Wrongful Death & Survivorship Claim

Relatives or beneficiaries of the deceased person are allowed to recover damages regardless of whether or not the decedent had a will. The law prioritizes compensation for those persons who were or could be financially dependent on the deceased person, including a deceased person’s:

  • Spouse
  • Children
  • Parents
  • Grandchildren
  • Grandparents
  • Nieces and nephews

If multiple family members are eligible to recover damages in a wrongful death & survivorship claim, the court will apportion the damages based on various factors.

You should consult with our attorneys to determine who is legally entitled to recover damages in any particular wrongful death & survivorship case.

Types of Damages Recoverable

Economic damages are based on calculations and include:

  • Lost financial support expected from the deceased for the rest of their expected lifespan
  • Funeral expenses
  • Economic value of household services the deceased would have provided had they lived

Non-economic damages are more subjective and place value on the emotional support, companionship, love, care, and guidance the deceased would have been able to provide.

Consult With Shebell & Shebell, LLC, Regarding Your Wrongful Death & Survivorship Case

If a loved one has died as a result of the negligent or intentional action of another person, you can speak with an experienced personal injury lawyer with Shebell & Shebell, LLC, to find out more about your legal rights and to determine who can file a wrongful death & survivorship lawsuit if necessary.

Contact us online or call our office in Shrewsbury at (732) 663-1122 anytime, 24/7, to discuss your case and schedule a confidential consultation.