Car Accident Lawyer Bergen County, NJ

Your Dedicated Car Accident Attorney

Though it may seem obvious to you if someone else was at fault for your auto accident, proving fault isn’t always so simple. You may need the help of our seasoned Bergen County, NJ car accident lawyer. You must do everything you can to protect your health after getting hurt in an accident, so we invite you to speak with a member of our team at Kantrowitz, Goldhamer & Graifman, P.C. to take the burden of your claim off of you completely. We’re here to represent you when you’ve been injured by another driver’s negligence and insurance isn’t offering you a fair settlement. Since 1975, we have provided large-firm, full-service quality legal work for a broad range of clients. Years later, we are still big enough to do it all and small enough to provide personalized care. Contact us today to schedule a free case evaluation. 

Table of Contents

What To Do Immediately Following A Car Accident

When someone else has injured you while you were driving, you must follow certain steps to and to protect yourself and your chances of success for any future injury claims you may choose to file. It is important to get to safety, speak with the other driver, speak with your lawyer, and be careful with who you talk to and what you say.

Moving Forward With Your Claim

Negligence is a leading cause for car accidents in the country, which also explains why you need a dedicated personal injury attorney that you can trust. You shouldn’t have to suffer from any expenses at the cost of someone else’s carelessness on the road. With the rise of smartphones, distractions are prevalent on and off the road. When operating a vehicle, it takes one second to change someone’s life forever.

car accident lawyer Bergen County, NJ - Kantrowitz, Goldhamer & Graifman, P.C.

Car Accident Claims In New Jersey

Car accidents can significantly impact your life, and our New Jersey car accident lawyer knows that understanding the specific laws related to car accident claims is essential when seeking justice and compensation for your injuries. Our legal team provides the following that covers the legal aspects you should be aware of when pursuing a car accident claim in the Garden State.

Immediate Notice Of The Accident

In New Jersey, you’re required by law to report your car accident to the police if the incident involves an injury to any person, the death of any person, and/or property damage in excess of $500.

Statute Of Limitations

One of the most critical aspects of car accident claims in New Jersey is the statute of limitations. This is the timeframe within which you must file a car accident claim. In New Jersey, the statute of limitations for personal injury claims, including car accidents, is generally two years from the date of the accident. You must meet this deadline to avoid losing your right to seek compensation, so it’s essential to consult with an attorney promptly to ensure you meet the deadline.

No-Fault Auto Insurance

New Jersey is a “no-fault” state regarding car accidents. In an accident, each driver’s insurance company is generally responsible for covering their medical expenses and other financial losses, regardless of who was at fault. However, the no-fault system in New Jersey is unique, and it allows you to step outside the no-fault system and pursue a personal injury claim if your injuries meet specific criteria.

Personal Injury Protection (PIP)

Personal Injury Protection, or PIP, is a type of auto insurance coverage required in New Jersey. It provides benefits for medical expenses and lost wages to policyholders and their passengers injured in a car accident. PIP coverage can be a valuable resource for accident victims, as it offers immediate financial support.

Threshold For Suing

To step outside the no-fault system and file a personal injury lawsuit in New Jersey, your injuries must meet certain thresholds. In general, your injuries must result in significant disfigurement, a fracture, loss of a body part, significant scarring, or a permanent injury. Meeting these thresholds allows you to pursue a personal injury claim against the at-fault driver. Our Bergen County car accident lawyers can evaluate your case to determine what your legal options are. 

Comparative Negligence Law

New Jersey follows a modified comparative negligence rule when determining liability and compensation in car accident claims. This rule means that if you are partially at fault for the accident, your compensation may be reduced by the percentage of fault attributed to you. For example, if you are found to be 25% at fault for an accident, your compensation will be reduced by 25%.

Uninsured And Underinsured Motorist Coverage

In New Jersey, uninsured and underinsured motorist coverage is not mandatory, but insurance companies must offer it to policyholders. This coverage can be valuable in cases where the at-fault driver does not have insurance or has insufficient coverage to compensate you adequately for your injuries. It’s essential to understand your insurance policy and consider adding this coverage for your protection.

Recoverable Damages From A Car Accident

Because car accidents have many consequences, recoverable damages vary depending on the circumstances of each specific case. Our car accident lawyer may be able to earn compensation on your behalf for the following:

  • Property Damage

If the driver caused damage to another person’s vehicle or property, then the cost of repairs or replacement can be recovered.

  • Medical Expenses

The victim might be able to recoup the cost of medical treatment, including hospitalization, surgery, medication, rehabilitation, and treatment for lifelong disabilities.

  • Lost Wages

If the victim cannot work due to the injuries sustained in the accident, they may be able to recover lost wages, as well as future lost wages.

  • Pain and Suffering

Victims of car accidents may be entitled to compensation for physical pain, emotional distress, and other non-economic losses.

  • Punitive Damages

In rare cases, if the actions of the at-fault driver were especially egregious or intentional, the victim may be entitled to punitive damages–which are intended to punish the at-fault driver and discourage similar conduct in the future.

Bergen County Car Accident Infographic

Recoverable Damages From A Car Accident

Bergen County Car Accident Statistics

According to the National Highway Traffic Safety Administration (NHTSA), almost 43,000 people are killed in car accidents each year. NHTSA data also reveals that July to September tends to be the deadliest period of the year for car accidents, with October to December following close behind. The first three months of the year are generally the least deadly, although thousands of accidents still occur.

Car Accident FAQs

When you’re involved in a car accident, the physical aftermath might just be the tip of the iceberg, and in some cases, it may be necessary to seek damages. The subsequent legal action taken can prove to be a daunting challenge, especially if you are not well-versed with the do’s and don’ts. It’s easy to make errors in this high-stress situation, which can cost you in terms of compensation, legal rights, and more. Because of this, we can assist in guiding their clients through the several complexities that can arise, along with answering the many questions they will have. The following addresses five questions regarding what not to do following a car accident.

Should I Seek Medical Attention Immediately?

One of the most common oversights after an accident is neglecting immediate medical attention. The adrenaline rush might mask your pain, making you underestimate your injuries. Ignoring medical attention risks your health and can weaken your claim. Your medical report acts as vital evidence linking your injuries to the accident and thus is indispensable for your legal case.

What Happens If I Fail To Gather Evidence?

Accidents are traumatic, and in the heat of the moment, gathering evidence might be the last thing on your mind. However, photos of the accident scene, testimonies of eyewitnesses, and immediate police reports serve as pivotal evidence. Failing to collect these can reduce your chances of accurately representing your case, ultimately impacting the outcome of your legal action.

What Does It Mean To Admit Fault?

Our car accident lawyer is well aware that it’s natural to express regret or admit fault in the chaos and confusion following a collision. However, this can prove to be a costly mistake. Even if you believe you may be partially at fault, admitting so prematurely can negatively impact your legal standing. Liability determination is complex, involving many factors. Leave it to the legal and insurance experts to analyze the circumstances.

Why Shouldn’t I Delay Legal Action?

Time is of the essence when it comes to taking legal action. In many jurisdictions, there are statutory deadlines, known as the statute of limitations, for filing a personal injury claim. Delaying legal action can risk your chances of obtaining fair compensation. Also, as time passes, evidence may deteriorate or be lost, and the witnesses’ memories can fade, weakening your case.

Why Is It Important To Have An Attorney?

Navigating the intricacies of legal proceedings can be tricky without professional help. While it may be tempting to save on legal fees, it often proves costly in the long run. Professional legal representatives have the experience and knowledge to advocate for your rights effectively. They can negotiate with insurance companies, help you understand your rights, and guide you toward fair compensation.

car accident lawyer Bergen County, NJ

Car Accident Glossary

Recovering from a car accident involves more than just medical treatment—it often requires dealing with insurance claims, legal procedures, and financial concerns. Our Bergen County car accident lawyer can provide guidance on key legal concepts that affect your ability to recover compensation and protect your rights.

Personal Injury Protection (PIP)

Personal Injury Protection (PIP) is a required component of auto insurance in New Jersey that covers medical expenses, lost wages, and essential services after an accident, regardless of fault. PIP benefits can help cover hospital bills, rehabilitation costs, and even in-home assistance if injuries prevent normal daily activities. However, it does not compensate for pain and suffering. If injuries are severe enough to meet the state’s legal threshold, an accident victim may pursue additional damages by filing a lawsuit against the at-fault driver.

Modified Comparative Negligence

New Jersey follows a modified comparative negligence rule when determining compensation in car accident cases. This means that if an injured party is partially at fault for the accident, their compensation will be reduced by their percentage of responsibility. For example, if a driver is found 30% at fault for a collision, their total compensation will be reduced by 30%. If the injured party is found to be 50% or more at fault, they are legally barred from recovering any damages. This rule makes it crucial to establish fault accurately when filing a claim.

Serious Injury Threshold

New Jersey law restricts the right to sue for pain and suffering in car accident cases unless the injuries meet the serious injury threshold. This includes permanent injuries, significant scarring, disfigurement, fractures, loss of a body part, or other substantial harm. This legal standard is meant to limit minor claims and focus litigation on cases involving lasting physical damage. If an injury qualifies under this threshold, a victim may file a personal injury lawsuit against the at-fault driver for additional compensation beyond what PIP provides.

Uninsured/Underinsured Motorist Coverage (UM/UIM)

Uninsured/Underinsured Motorist (UM/UIM) coverage is an optional but highly beneficial part of an auto insurance policy. It provides financial protection if an accident is caused by a driver who has no insurance or insufficient coverage to pay for damages. This coverage can also apply in hit-and-run accidents where the responsible driver cannot be identified. UM/UIM benefits can help cover medical expenses, lost income, and other financial losses when the at-fault driver’s insurance is inadequate or nonexistent.

Bad Faith Insurance

Insurance companies have a legal duty to handle claims in good faith, meaning they must process and pay valid claims fairly and without unnecessary delay. Bad faith insurance practices occur when an insurer unreasonably denies, undervalues, or delays a legitimate claim. This can include refusing to investigate an accident properly, misrepresenting policy terms, or offering a settlement far below the actual value of the claim. Policyholders who experience bad faith tactics may have grounds to sue their insurance company for additional damages.

Kantrowitz, Goldhamer & Graifman, P.C., Bergen County Car Accident Lawyer

135 Chestnut Ridge Rd Suite 200, Montvale, NJ 07645

Contact Our Attorneys Today

Navigating the complexities of car accident claims in New Jersey can be challenging, especially when you’re dealing with the physical and emotional aftermath of an accident. To protect your rights and maximize your chances of obtaining fair compensation, seeking legal representation from an experienced car accident attorney is crucial.

At Kantrowitz, Goldhamer & Graifman, P.C., our team of Bergen County car accident attorneys are committed to advocating for the rights of accident victims. We’re ready to help you pursue the compensation you deserve. If you’ve been injured in a car accident due to someone else’s negligence, please don’t hesitate to contact us for a free consultation. We are here to provide you with the support and legal guidance you need during this challenging time.