NJ Auto Accidents
Experienced With Car, Truck and Motorcycle Accidents Caused By Drunk Drivers in New Jersey
We work on a contingency fee basis. If we do not recover money for you, you will owe no fee to our attorneys.
If you have been injured in a car accident because of the carelessness of a drunk driver we know how to get you the largest settlement you are entitled to under New Jersey law.
Accidents caused by drunk drivers have unique characteristics that enable a good lawyer to gain the upper hand in a case. In-car Video cameras of police officers often record the behaivior of the drunk driver and this is often admissible as evidence in court. Juries are far more sympathetic to victims of drunk driving accidents and this strikes fear in to any defence attorney representing the driver or his insurance company.
Under New Jersey State law, drunk drivers are precluded from suing for personal injuries. Moreover, if an injured party secures a judgment against a drunk driver, it is NOT dischargeable in Bankruptcy.
If you have been injured by a drunk driver you SHOULD go to municipal court on the day the drunk driver is scheduled to be in court and let the Judge and Prosecutor know you have been injured so that the Judge will not allow the drunk driver "seal" his drunk driving conviction. This is important so that you can use his drunk driving conviction in you personal injury suit. If you contact our firm early on, we can go to municipal court with you and fight for this.
The lawyers of Falcon Law Firm know how to handle accidents caused by drunk drivers so that our client who are victims in these accidents receive high settlements or jury awards.
You may not be aware of the considerable commitment that a good accident lawyer make when they take on your case. When we take you on as a client we invest our firm's money to prepare the strongest case possible for you and your family. We want to win your case for you and we want to make sure you get everything you deserve for the losses you have suffered.
We hire the most qualified expert witnesses to support your case. We use videographers to tape testimony in depositions.
We are very proud of our track record and have listed some of our major victories. Our lawyers have served over 500 clients in civil litigation. This experience over the years has helped us create a network of seasoned professionals that we hire to build strong cases for our clients. We want you to become our client so that we can bring all of our resources together for your case.
When you call us or fill out our contact form on the side of this page we will set up a time so we can discuss your case with you in depth. We meet with our clients in private comfortable rooms in our offices or in your home so you can feel at ease discussing your case. Once we fully understand all the facts of your case and we sign you on as a client of the firm, we strategically prepare your case for court.
Often times our victories come from settlement offers we receive just before a case is scheduled to go to trial. We use the most advanced technology to prepare and present evidence and expert testimony. We try to build a solid case before trial so that the defendant is afraid they will lose in court. When our opponents fear a loss in court they often offer a fair settlement to our clients just before the trial begins. This is why it is so important that you choose your lawyer carefully. You want to make sure that your lawyers have the skill, experience and commitment to make your case rock solid. You want to know that you stand the greatest chance of winning a fair settlement or a court victory. You also want to know that your lawyer has the experience to know how to negotiate a settlement offer properly. The negotiation process in our firm is based upon our firm's deep knowledge of the trial process, our constant research of the law and our assessment of pending legislation.
If you receive a settlement offer, you want to have tremendous trust and confidence in your lawyer. You want to feel that your lawyer has been doing everything possible every step of the way to win your case.
Months of hard work, hours and hours of depositions and hundreds of pages of briefs and court filings often boil down to a single critical moment when you receive a settlement offer. At that moment you must trust your accident lawyer to give you advice that is based on dozens of factors surrounding the case. This is the moment when your lawyers advise you about a critical choice; should you accept a fair settlement offer, or should you take your case to court? We help you make that choice by giving you an assessment of all the factors that can affect your case in court. These factors include: where the trial is being held, what laws and caps on settlements may affect the final jury award, how jurors will likely respond to your case, and how competent and well prepared the opposing attorneys are. If you do decide to take your case to court with our legal team you will take comfort knowing that you have excellent lawyers in your corner. We have taken many complex and difficult cases to court in Central New Jersey.
Call us now so that we can collect all the information we need to start building a good case for you. Some people wait for months or years before filing a suit and this can weaken an otherwise strong case. If you are reading this after office hours or on a weekend please fill out the form on the side of the page. You don't have to write a long description of your case, just a brief sentence or two will do fine. We will get back to you as soon as we come back into the office.
What To Do If You Have An Auto Accident
Auto accidents can happen to anyone. You can protect your legal rights by doing the right thing after an accident occurs. This pamphlet summarizes some of the steps you should take if you are involved in an accident. The pamphlet also contains an Accident Information Form that you can print out and keep in your car to record information if you are involved in an accident.
Protecting The Scene
Protect the scene of the accident to avoid additional collisions. Do not allow your car to obstruct the road, if it can be moved. Warn approaching cars by raising the hood of your car and using the car's hazard warning lights. In addition, for nighttime accidents, place flares or reflectors on the road.
Exchanging Information With The Other Driver
Exchange information with the driver of the other car. You should get the following information:
- 1. Other driver's - name, address, phone number, driver's license number, name of insurance company and policy number.
- 2. Passengers - name, address and phone number.
- 3. Witnesses - name, address and phone number.
- 4. Owner (if not the driver) - name, address, phone number, insurance company and policy number.
Make notes about the time of day, weather conditions, road conditions, street lights and length of skid marks. Also make a diagram of the accident noting the location of the vehicles, crosswalks, stop signs and traffic signals. If you hit a parked car and can't find the owner, leave a note with your name, address and a summary of the accident.
Do Not Admit Responsibility
When you exchange information with the other driver and give facts to the police, don't admit responsibility for the accident. Things that you say can be used against you if there is litigation.
Notifying Your Insurance Agent
Call your insurance agent as soon as possible after an accident. Your insurance company may have grounds to deny coverage if you fail to give prompt notice of the accident. Follow up the phone call with a written notice and save a copy for your files.
We recommend you gather the following information any time you are in an accident:
- 1. The Other Driver and Vehicle
- Name:
- Address:
- Phone:
- Driver's License No.:
- Insurance Company:
- Policy No.:
- Vehicle License Plate No.:
- Vehicle Make:
- Model:
- Year:
- 2. NAME, ADDRESS AND PHONE NO. OF PASSENGERS IN OTHER VEHICLE
- 3. NAME, ADDRESS AND PHONE NO. OF WITNESSES
- 4. OTHER INFORMATION
- Date and Time of Accident:
- Location of Accident:
- Road Conditions:
- Traffic Conditions:
- Weather Conditions:
- Were your or other vehicle's headlights on?
- Were you or other driver signaling a turn?
- Length of your vehicle's skid marks:
- Name, badge no. of police officer:
- 5. DIAGRAM OF ACCIDENT
Diagram the path of the vehicles before the accident and their position after the accident. Use a solid line to show the path of the vehicles. Show any stop signs, traffic signals, or street lights.
Wrongful Death Claims
What is a wrongful death claim for auto accidents?
A wrongful death lawsuit alleges that the victim was killed as a result of the negligence (or other liability) on the part of the defendant's), and that the surviving dependents or beneficiaries are entitled to monetary damages as a result of the defendant's conduct.
Under "common law" (the general legal principles passed from England to the United States over hundreds of years) this type of claim did not exist. It was reasoned that the claim died with the victim, and the surviving family members could not claim damages from the person who caused the victim's death. To correct this injustice, the individual states have passed "wrongful death statutes" over the years, and some form of wrongful death claim action exists in all state jurisdictions today. While they all follow some general principles, each state jurisdiction is unique, since each state has drafted its own form of "wrongful death statute."
What are the elements of a wrongful death claim?
Generally, the death was caused, in whole or part, by the conduct of defendant the defendant was negligent, or strictly liable, for victim's death there is a surviving spouse, children, beneficiaries or dependents and monetary damages have resulted from the victim's death
Who can file a wrongful death claim?
This will depend on your state's statutory language, but generally immediate family members (i.e. spouses, children and parents) can pursue a wrongful death claim (although minors until 18 years of age may require a "guardian ad litem" to represent their interests in court). In addition, some states may also extend the potential group of plaintiffs to grandparents, legal dependents, or members of the extended family.
When must a lawsuit for wrongful death be filed?
Each state has its own "statute of limitation," which defines the time frame during which a lawsuit must be filed. The time usually runs from the time of the victim's death, although some states may allow a lawsuit to proceed if the act which caused the death was not discovered until later (for example, the spouse of the victim does not discover until the following year that the victim's death was caused by the negligence of the treating doctor. In this case, the time frame to file a lawsuit may run from the date the spouse discovered the treating doctor's negligence, rather than the date of the victim's death).
A claim, even a valid claim, may be denied if it is filed after the statute of limitation has run. If you believe that you may have a valid claim for wrongful death, it is important that you speak with a qualified wrongful death attorney at your earliest opportunity to preserve your rights. In addition to protecting your claim in court, early action may also help to preserve evidence, or locate witnesses, that you may need to win your case.
What kinds of damages are recoverable in a wrongful death claim?
The following damages may be recovered in a wrongful death action:
- 1. Immediate expenses associated with the death (medical & funeral):
- 2. Loss of victim's anticipated earnings in the future until time of retirement or death;
- 3. Loss of benefits caused by the victim's death (pension, medical coverage, etc.);
- 4. Loss of inheritance caused by the untimely death;
- 5. Pain and suffering, or mental anguish to the survivors;
- 6. Loss of care, protection, companionship to the survivors;
- 7. General damages; and
- 8. Punitive damages.