You’re stopped in traffic or you’re stopped at a red light, when someone plows into the rear of your vehicle. You enter an intersection with the green light and someone from the cross traffic fails to stop at the red light and T-bones your car. The two most common scenarios of auto accidents. You next do the most important step, which is to get evaluated by a health care professional to determine if you suffered any injuries that might require treatment. You begin treatment with the appropriate health care provider. At some point, the question enters your mind, “Do I need an attorney if I’ve been in an accident?”
A young couple’s story.
After 35 years of practice and thousands of patients, the question of whether a person needs to hire a lawyer after an accident has come up many times. When it does, I go into my best, “sit down and let me tell you a story” mode. I tell them about a young couple who became my patients many years ago. She was pregnant at the time. They were stopped at a red light. A drunk driver entering the intersection from the patients’ left, attempted a right turn but miscalculated and ran into the patients’ driver’s side. They were both injured. Thankfully, the fetus was fine, and the young mother went on to deliver a healthy baby. Early on, they told me that family members were telling them to call an attorney and they asked me why they needed an attorney since it wasn’t their fault. Their thinking was that the other driver was clearly at fault and was drunk so he was in big trouble. They thought that all they needed to do was to undergo treatment for their injuries and let the insurance company pay for the damage to their car. I implored them to at least call and speak to an attorney. They declined.
Then the bills started arriving. The hospital bills. The bill from the towing company and from the lot where their car was towed. In conjunction with the bills, phone calls soon arrived. Their insurance adjuster called. A representative from their insurance company called offering them some sort of settlement. The insurance company for the drunk driver called. It was when they got a call from the driver himself that they finally had enough and asked about hiring an attorney for their accident. After hiring an attorney, all calls stopped or got directed to their attorney. Bills got negotiated and directed to the proper place. And ultimately, a substantial reward was won by their attorney on their behalf.
Now admittedly, that was a clear-cut and easy answer to the question of whether an attorney was needed after a car accident in New Jersey. Not all situations are so obvious. When asked by someone if they should call an attorney after a car accident in New Jersey, my answer is always the same – yes. For obvious reasons, only an attorney will be able to tell you if you need the services of an attorney following an auto accident in New Jersey.
Following an auto accident in New Jersey, it doesn’t matter if:
- You were the driver or a passenger
- You suffered serious injuries or minor injuries
- You went to the ER or not
- You started treatment for your injuries or not
- There was significant damage to your vehicle or not
- The accident involved another vehicle or not
- There was clear cut liability (who caused the accident) or not
- There was a police report or not
Only an experienced personal injury lawyer will be able to tell you if you’ll need to hire an attorney following your auto accident in New Jersey.
How can a lawyer help following an auto accident in New Jersey?
Determining liability. Establishing liability is vital to your case. Without identifying the at-fault party, there is no compensation to be won. A lawyer can obtain a police report, gather evidence, and conduct investigations to determine the details of the accident. If the report is incomplete or ambiguous, the lawyer knows how to obtain further information. They can speak with witnesses, obtain photos, obtain video footage from cars or traffic cams, or utilize an accident reconstruction specialist.
Finding doctors. You might think that all you need to do is call your primary care physician. Unfortunately, most primary care docs will not see patients if they’ve been injured in an automobile accident. An experienced personal injury attorney has developed a network of health care providers to whom they’ll direct you. These doctors are experts in treating your specific injuries, know how to deal with auto insurance carriers, and most importantly know how to fully and accurately document your injuries.
Be your spokesperson. Once involved in an auto accident, it is likely you’ll field calls from a host of individuals asking you questions, the answers to which you don’t want to divulge to someone you don’t know over the phone or, you just don’t know. Once represented by an attorney, you don’t have to talk to anyone regarding any aspect of your case. Your attorney is now your spokesperson and will handle communication.
Help you avoid costly mistakes. Bills for medical care and car repairs can mount quickly following an auto accident. The attorney can be your advocate with respect to handling bills from towing, car repairs, rental, and replacement. They can also intervene when it comes to bills related to hospital care, doctor’s care, rehab, medical equipment, and medically related out of pocket expenses.
Help navigate complex legal matters. An experienced personal injury attorney can help guide you through New Jersey’s complicated state laws, rules, limitations, and regulations. Insurance companies have lawyers who deal only with insurance claims all day. You want someone on your side who does the same. Your personal injury attorney has an extensive knowledge of the law, and this is what they do all day. The statute of limitation for filing auto accident cases in New Jersey is two years. A personal injury attorney and his or her team will insure everything needed is filed in a timely manner.
Relieve you of the burden of dealing with insurance companies. Physical, mental, and emotional trauma is common after an auto accident. Mental trauma, even minor, can make interacting with insurance companies difficult. Hiring an attorney can relieve you of this burden and allow you to focus on your treatment, recovery from your injuries, and getting back to where you were before your accident.
Obtain a settlement for you. A personal injury attorney will advocate and negotiate on your behalf to reach the best possible settlement, so you receive the maximum compensation you deserve.
I hope by now you see that the answer to the question, “Should I hire an attorney if I’ve been in an auto accident in New Jersey?” is – yes. To further make the case (no pun intended), it is always free to talk. There is typically no fee to have a conversation with a law firm to decide if an attorney is right for you. Additionally, most experienced personal injury attorneys work on a contingency basis which means they get paid, only if they obtain a compensation reward for their client which is a percentage of the amount recovered.
If you or someone you know has been injured in an auto accident, first and foremost, undergo a consultation and evaluation by a health care provider to determine if you need to undergo treatment for your injuries. Your health is paramount. Second, reach out to a personal injury attorney for a consultation. If you’d like a referral to an experienced personal injury attorney, we’d be happy to supply you with a handful of excellent recommendations.
Yours in health,
Dr. Mark A. Bolinger
