CHERRY HILL CAR WRECK ATTORNEY

Without legal counsel, the insurance companies know they can take advantage of the situation. They are not under any obligation to inform you of your rights or how to get the most for your claim. However, they are obligated to do their best to keep their employer's profits in mind. Honestly, no matter how cordial or friendly they may seem, they are not looking out for your best interests. Insurance companies would be out of business shortly if they paid every claimant the real value of their losses. Because of this, they routinely offer settlements that are off the mark by a long shot in the hopes that you'll take whatever they say your claim is worth.

When a Morgan and Morgan attorney represents you, you won't have to worry about being mistreated and sold short while you're trying to recuperate. We take over all communication and negotiating so you can heal from your injuries with peace of mind. In the unlikely case that we're unable to negotiate a fair compensation package, your attorney won't hesitate to escalate the dispute to the court system. We have found that juries do an excellent job of handing down reasonable awards when an insurance company refuses to negotiate in good faith.

You may already be aware that since New Jersey follows no-fault insurance laws, your insurance carrier is supposed to pay for certain damages without considering who is at fault for the accident. That generally covers medical expenses, some lost income, and essential services. However, the minimum personal injury protection (PIP) policy limits are just $15,000.

When you decide on an insurance package, it can impact your rights to recover damages after a car wreck. If you choose the no-fault policy (Basic), you automatically fall into the bracket of individuals with a limited right to sue. This means that you have to sustain substantial injuries before you can file a lawsuit that includes damages for pain and suffering. As defined by New Jersey law, these injuries are:

• Significant disfigurement or scarring
• A displaced fracture
• Loss of a body part
• Loss of fetus
• Permanent bodily injury (a body part will not heal and function normally even with further medical treatment)
• Death

Suppose you or a loved one sustained any of the above injuries. In that case, you may be entitled to file a personal injury lawsuit to recover compensation for expenses and losses, including pain and suffering, which is often a significant figure. If you need more clarification on your legal standing, contact Morgan and Morgan. Our experts will review the facts of your claim and lay out your best options.

Suppose you picked the Standard insurance policy. In that case, you are not limited in your rights to sue, even if your injuries don't measure up to the above-listed category of "substantial" injuries. Our Cherry Hill car wreck lawyers are standing by to ensure you get the maximum compensation possible.

If you have a Standard insurance policy, or your injuries are so severe you can step outside the no-fault system, fault will still be an element of your claim. Generally, if a person acts negligently, causing a car wreck, they will bear the financial responsibility for the outcome. Proving negligence in some cases is straightforward. For example, if someone were drinking and driving or speeding excessively, they would likely be held criminally negligent, which makes it easy to establish fault. However, some cases are not as cut and dried.

Generally, the following circumstances would be enough to establish negligence:

• Driving under the influence of drugs or alcohol
• Distracted driving
• Failing to observe traffic signs and signals
• Aggressive driving
• Speeding
• Driving a poorly maintained vehicle (worn brakes, bald tires)

In order to win a case based on negligence, the following four elements must be demonstrated:

Duty of care - Anytime a driver takes control of a vehicle, they are bound by a legal duty of care to everyone else that uses the roads, including other drivers, passengers, pedestrians, and bicyclists. The duty of care is to operate their vehicle in a manner that avoids harm coming to others.

Breach of duty - If someone has a duty to care but doesn't act in a way that another reasonable person would under similar circumstances, a breach of duty has occurred. For example, reasonable people understand that driving while drunk could easily lead to harming others and would, therefore, avoid driving in that condition.

Causation - To prove this element, you must demonstrate that the other party's breach of duty led to your injuries. Generally, you have to show that the other party's actions resulted in foreseeable consequences. For example, someone driving 50 mph down a residential street could reasonably assume they wouldn't have enough time to react if a child darted into the street.

Damages - After you've established the other party owed you a duty of care and that duty was breached, which led to your injuries, the final element is to prove the damages. This can generally be shown through medical bills, lost wage statements, and other forms of losses. If no demonstrable loss exists, you don't have a case. That's why it's crucial to seek medical care after an accident to establish injuries.

Suppose you're able to meet all the elements of negligence. In that case, the insurance company will look to find ways to lessen the value of your claim by investigating if you had any fault in the accident. New Jersey recognizes the comparative negligence doctrine, which means the compensation you're entitled to can be reduced by whatever percentage of fault you bear. Typically, they'll investigate to see if you contributed to the accident through any of the following actions:

• Distracted driving
• Impaired driving
• Violations of traffic laws
• Failure to avoid the other vehicle
• Failure to apply brakes
• Failure to warn, like using signals or applying the horn

Suppose the insurance company is successful, and they can prove you were partially to blame. In that case, any award you receive will be reduced proportionately to your fault. For example, suppose you had $100,000 in damages and were judged to be thirty percent at fault. In that case, you would only get $70,000 after calculating the comparative fault. For this reason, hiring a lawyer is crucial to protect your rights and present arguments that lessen your responsibility.

An insurance adjuster is an employee of the company who is trying to pay you the least amount possible or nothing at all. It's vital to keep that in mind. They will request that you make recorded statements and then ask questions designed to trip you up. Often, during the course of communications, they will try to lower your expectations by saying your claim has a lot of "issues or problems." That way, you'll just be happy to receive anything at all.

Another tactic is to pressure you into accepting a quick settlement. That way, you don't have time to contemplate all of your losses and may not even know the full extent of your injuries yet. If they realize they will owe you a big payout, they may even try to discredit you by arguing the accident is your fault.

Be careful that you don't accidentally hurt your case by talking to them unprepared and ignorant of their methods to produce the results they want. Better yet, call Morgan and Morgan before you ever speak to an insurance adjuster. You have the legal right to hire a lawyer to represent your interests. Don't let them tell you otherwise.

In many situations, contacting a Cherry Hill car wreck lawyer will be your best chance to get the maximum compensation after an accident. Your Morgan and Morgan attorney will be a strong ally that will work hard on your behalf to negotiate a meaningful settlement. We understand how insurance companies work and the schemes they use to lessen financial responsibility.

Furthermore, we have the foresight and resources required to calculate the true value of your losses, including future medical expenses and other financial costs you'll incur. We have an established reputation as hard fighters among insurance adjusters. While they respect us, they also know that we don't settle for anything less than our clients deserve.

When you try to tackle a legal dispute on your own, you can be an easy target, especially because the other side will have high-powered company lawyers representing them. You owe it to yourself to have a battle-tested lawyer with a reputation for success on your side.

Contact Morgan and Morgan today for a free case evaluation. Your chances of successfully resolving your claim are substantially higher when you work with one of our expert Cherry Hill car wreck lawyers. Our law firm has helped more than 70,000 injured individuals just last year recover meaningful compensation for themselves and their families