Morristown Car Accidents Attorney
As much as we have worked to improve road and driving safety, sadly car accident injuries are still a daily occurrence on New Jersey roads and highways. This is perhaps not so surprising given the high volume of traffic that passes through roads like I-287, I-80, Rt. 202, Rt. 206, and Rt. 46, on a daily basis. Add to that recent trends towards distracted driving as cellphone and smart device use is becoming more and more prevalent and the risks that drunk driving continues to present and you have a “perfect storm” combination of elements which all lend themselves to car accidents, car accident injuries, and tragically even car accident fatalities.
However, if you or a loved one has been injured in an auto accident of any kind, you may be able to recover compensation for your medical expenses, lost income, and physical and emotional pain and suffering through a car accident personal injury claim.
At The Law Offices of Michael P. Burakoff, we have successfully recovered compensation for accident injury victims and their families in towns across Morris County and Sussex County, including Hopatcong, Parsippany, Netcong, Newton, Dover, Denville, Mt. Olive, East Hanover, Morristown, and more. Attorneys who “handle” auto accident claims are a dime a dozen in New Jersey. However, if you have been seriously injured in a car crash, you deserve a New Jersey car accident attorney who will do more than just “handle” your auto accident claim, and the family-focused approach of our firm will provide you and your family with exactly that kind of “extra mile” service that you truly need and deserve.
Please, call our Morristown car accident attorneys to discuss your unique needs, concerns, and the situation regarding any kind of car accident injury with our legal team today in a free and confidential consultation.
Your NJ Car Insurance Policy and Your Right to Sue
Perhaps the most important thing to look at before anything else when it comes to your car accident injuries is which type of insurance policy you purchased. Specifically, a “Limited Right to Sue” policy or an “Unlimited Right to Sue Policy”.
Unlimited right to sue policies are more expensive than limited policies as they essentially allow car accident injury victims to file third-party personal injury claims against other drivers (and their insurance provider) for any kind of injury resulting from the reckless or negligent actions of that driver or driver(s). Simply put, if you have an unlimited right to sue policy, and someone else’s actions caused your car accident and resulting damages, there is a good chance that you and your Netcong car accident injury lawyer will be able to make a successful personal injury recovery.
On the other hand, limited right to sue policies only allow injured drivers to file personal injury claims in very specific circumstances, or more accurately, for specific types of injuries. If you have a limited right to sue policy, you may only sue another at-fault driver for damages in the case that your car accident injuries caused:
- Disfigurement, loss of a limb, or serious scarring
- Displaced fracture(s)
- A permanent injury
- Loss of an unborn child
- Death of the driver (wrongful death claims can be filed on behalf of the deceased driver by the driver’s next of kin)
While this list covers some very serious injuries, it is deceptively narrow in its scope. Consider that many car accidents can result in spinal cord injuries or brain trauma. These types of injuries can result in extremely high medical costs and loss of enjoyment of life for a period of time, but may not necessarily be considered “permanent” and thus may not qualify for a personal injury claim in the case that the injury victim only has a limited right to sue.
If you are unsure of your insurance policy, and how it may affect your ability to seek financial compensation for your car accident injury damages, contact our law office to discuss your unique situation and options with our legal team today.
Common Causes of Car Accident Injuries
While car accident injuries and fatalities can occur for almost any reason at any time, injuries and fatalities which result in personal injury and wrongful death claims most commonly result from things like:
- Distracted Driving – One of the most dangerous aspects of modern driving, a driver is considered to be “distracted”, and breaking the law, if they are using any kind of handheld device, adjusting the radio/stereo, applying makeup or other forms of grooming, and pretty much anything else which is taking away from their full attention on their driving.
- Reckless Driving – Reckless driving is considered to be any kind of driving which is breaking a traffic law. This can be things like speeding, changing lanes without signaling, running stop signs or stop lights, and more.
- Drunk Driving – Perhaps the most dangerous of all of these elements, drunk driving is illegal for a reason as it is incredibly dangerous to not only the offending driver, but other drivers and pedestrians as well. If an intoxicated driver causes injury, not only may the injury victim be able to recover compensation through a personal injury claim, they may also be able to hold the bar, restaurant, hotel, casino, or social host which served the drunk driver alcohol liable through New Jersey’s dram shop and social host liability laws.
- Faulty Cars or Parts – While we expect every device we purchase to be well-designed, well-manufactured, and safe to use, sadly this is not always the case. If your car accident injuries were caused by or made worse because of, faulty auto parts, you may also wish to hold a manufacturer liable through a product liability claim.
Of course, these factors are simply the most common causes of successful car accident personal injury claims and are not a definitive list by any means. If you have been injured in any kind of car accident, it is highly recommended that you speak with a Parsippany auto accident injury attorney in order to gain a clearer understanding of your options for recovering compensation for your injuries and related damages.
Five Steps to Take After a Serious Car Wreck
After a car accident, your mind is in disarray. When dealing with the trauma of being in an accident — serious injuries, damage to your car and other factors — it can be hard to focus on doing what is necessary to protect your legal and financial interests. Because serious accidents are uncommon and unexpected, knowing what to do after an accident is something most people never think about.
The Law Offices of Michael P. Burakoff, P.A., has been helping accident victims throughout New Jersey for more than 40 years. Read the information below to learn what steps to take after an accident, and then contact us to discuss your specific legal options in a free consultation.
What to Do After a Car Accident Involving Injuries or Major Damage
From a legal perspective, the steps you take after a car crash or truck accident are critical. To maximize your recovery after an auto accident, take the following steps:
- Call 911 — If anyone has been injured or the accident was major, call 911 as soon as possible. You should seek medical attention for any injuries — even if you do not think you have been seriously injured. Stress, shock, and adrenaline could mask your injuries, so you should get a medical exam after any traffic crash.
- Gather information — Exchange insurance and contact information with other drivers. If there are any witnesses, get their contact information as well. Do not admit fault, even if you believe you caused the accident. An investigation will determine what factors caused or contributed to your accident.
- Gather evidence — If possible, take photos of the accident scene, any damage to your vehicle, skid marks or other evidence of the crash. You should also take photos of any injuries you have suffered.
- Contact a personal injury lawyer — Do not wait long to contact an attorney. The sooner you do, the earlier he or she can begin working on your behalf, investigating the accident, preparing your claim and working to maximize your settlement. As many personal injury lawyers, we offer a free initial consultation, so it costs you nothing to find out what rights you may have.
- Follow through — Be sure to follow through with any medical treatment your doctor recommends, and take any medicines that have been prescribed. It is also a good idea to document your progress day by day. This information can later be used when the impact of your injuries is being assessed.
Partial Fault and Comparative Negligence in Car Accident Injury Claims
One other important consideration when dealing with any kind of car accident injury is that of the idea of partial fault, legally referred to as “comparative negligence”. Essentially, comparative negligence laws allow for injury victims who may be partially responsible for their injuries to still seek personal injury compensation as long as they are found to be less than 50% at fault.
However, should your car accident injury claim prove successful, your total compensation will be reduced by the same percentage of fault you were determined to have? A common example of comparative negligence is when a driver who was not wearing their seat belt is injured in a car accident caused by the reckless or negligent actions of some other party. It will almost certainly be argued by the opposing insurance company that the injured driver suffered increased injury due to their failure to wear a seat belt, and if that same driver is found to be 20% at fault for their injuries, for example, and are awarded $1,000,000 in injury compensation, they would actually only receive $800,000 (20% less) due to comparative negligence laws.
So while comparative negligence can be a great way for partially at fault parties to still recover injury compensation, it is also a commonly used tool by insurance companies to reduce the total amount of compensation they ultimately have to award injured drivers. For this reason, and many others, it is highly recommended that you retain experienced legal counsel when seeking injury compensation, as an experienced Dover car accident attorney will be able to ensure that you are not assigned more fault than you actually deserve (if any), thereby ensuring full and fair compensation is recovered.
Contact A Morristown Car Accident Injury Attorney Today
At The Law Offices of Michael P. Burakoff, our legal team has more than 40 years of experience helping clients to recover the compensation they need and deserve for car accident injuries in towns across New Jersey, Morris County, and Sussex County, including Parsippany, Newton, Dover, Netcong, Hopatcong, East Hanover, Denville, Mt. Olive, Morristown, and more.
Our firm is unique among personal injury law firms in that we focus on working closely not only with our clients but their families as well. Attorney Michael Burakoff understands just how difficult it can be for families to undergo the stress and hardship that a serious injury can cause, and as such beliefs in taking every legal step necessary to protect injury victims’ rights, obtain compensation for economic injuries, and help their entire family to recover from the tragedy of a serious car accident.
To speak with Michael Burakoff and our Morristown car accident attorneys today in a free and confidential consultation regarding any kind of car accident injury or wrongful death, your options for making a successful personal injury recovery, and how exactly we can help you to do so, please contact us online, or through either our Morristown office or our Newton office at 973-455-1567.