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Do I Have to Report a Minor Car Accident?

Many car accidents happen in parking lots or residential areas at slow speeds, so the damage is minimal. Drivers often think these minor car accidents are not worth reporting. However, it is important to know the actual laws that pertain to this type of incident. In New Jersey, the law stipulates that the police must be called if the accident caused injuries, death, or property damage in an amount greater than $500. Drivers are required to notify the authorities as quickly as possible.

Every state requires that one must exchange contact and insurance information with the other driver if they are involved in a car accident, even a minor one.

Should I Call the Police?

Even after a minor fender-bender, it is never a bad idea to contact the police. This is an important step for many reasons. It creates an official record of the incident, and many insurance companies require a police report. The police officer can interview other drivers and witnesses, and physical evidence will also be recorded, which will help with a personal injury claim.

Especially in a minor car accident, injuries may not be readily apparent. There are many types of injuries, including concussions, that do not present symptoms immediately. Without a police report, the other driver could claim the accident did not cause the injuries, and one may have trouble filing a claim without a report.

What Should I Do After a Car Accident?

With any car accident, major or minor, one should do the following steps:

  • Stay calm and check everyone for injuries. If there are any suspected injuries, call an ambulance immediately.
  • Check the vehicles for smoke or the smell of gasoline. If one suspects smoke or gasoline, move away from the vehicles.
  • Move the vehicles out of traffic. If possible, move the vehicles out of the flow of traffic.
  • Call the police. Even after a minor accident, it is important to contact the police.
  • Exchange contact and insurance information with the other driver. This information will be helpful when filing a claim.
  • Document the accident scene as much as possible with photos or videos. Note the damage to vehicles and any evidence, such as skid marks.
  • Never leave the scene of an accident. It could result in serious charges. Always exchange contact information with the other driver and wait until the police arrive.

Remember, it is very important to stick to the facts, do not make any statements admitting fault or accept a settlement without a lawyer. When one returns home, report the accident immediately to the insurance company. Failure to do so could result in significant problems down the road. Additionally, an injured motorist should contact a lawyer right away.

Monmouth County Car Accident Lawyers at the Falcon Law Firm, LLC Assist Victims Injured in Minor Car Accidents

If you were in a minor car accident and you have injuries, contact one of our Monmouth County car accident lawyers at the Falcon Law Firm, LLC for help. Call us at 732-660-1200 or contact us online for a free consultation. Located in Oakhurst, Parlin, and Aberdeen, New Jersey, and Doylestown, Pennsylvania, we serve clients throughout Asbury Park, Belmar, Deal, Ocean Township, Point Pleasant, Long Branch, West Long Branch, Sayreville, Middlesex County, and Monmouth County, New Jersey, as well as Bucks County, Pennsylvania.

What Constitutes as Pain and Suffering After a Car Accident?

When one is hurt in a car accident due to the carelessness of another person, one may wish to file a third-party claim against the other driver’s auto insurance policy. One will undoubtedly want to recover compensation for the costs of medical care after an accident. Depending on the severity of the injuries, one may be able to collect damages for pain and suffering as well.

What is Pain and Suffering?

Pain and suffering is a legal term used to describe the physical anguish and emotional trauma associated with an injury. Many personal injury claims contain some amount that accounts for pain and suffering. Some pain and suffering settlement amounts can be quite substantial.

What are Some Examples of Pain and Suffering?

The concept of pain and suffering includes physical pain as well as emotional suffering. Some examples of pain and suffering that can result from a car accident include:

  • Headaches
  • Chronic pain
  • Traumatic brain injuries
  • Broken bones
  • Internal organ damage
  • Paralysis
  • Fear
  • Sleep disturbances
  • Stress
  • Depression
  • Loss of enjoyment

How is Compensation for Pain and Suffering Calculated?

Insurance companies use many different methods for coming up with a fair assessment for a pain and suffering component of a claim settlement. Some companies use computer programs while others use a different convention. In most cases, these calculations take into consideration the type of injury, the nature of treatment, as well as the duration of the treatment.

While there are many ways to go about calculating compensation for pain and suffering, there are two common methods used by insurance companies:

Multiplier Method: When using the multiplier method to calculate damages for pain and suffering, the amount of concrete financial damages is used. The tally of these damages includes medical bills, lost wages, and other specific monetary costs of the injury. This tally is multiplied by a number, typically between 1 and 5. The seriousness of the injury usually determines the multiplier used.

Per Diem: The per diem method calculates pain and suffering compensation by the length of time between the accident and full recovery. This approach finds a settlement offer by determining a specific amount that reflects the extent of the injury. That amount is multiplied by the number of days the person took to recover from the injury to come up with a reasonable settlement.

To determine if one is eligible for compensation, one should contact a car accident lawyer. A lawyer will evaluate the case and help one obtain compensation for pain and suffering.

Monmouth County Car Accident Lawyers at the Falcon Law Firm, LLC Help Clients Obtain Damages for Pain and Suffering

Unlike reimbursement for medical bills, non-economic losses, like pain and suffering, can be difficult to calculate into a fair settlement. Our Monmouth County car accident lawyers at the Falcon Law Firm, LLC have the skills and experience to come up with a compensation figure that covers expenses for your injuries. Complete our online form or call us at 732-660-1200 for a free consultation. Located in Oakhurst, Parlin, and Aberdeen, New Jersey, and Doylestown, Pennsylvania, we serve clients throughout Asbury Park, Belmar, Deal, Ocean Township, Point Pleasant, Long Branch, West Long Branch, Sayreville, Middlesex County, and Monmouth County, New Jersey, as well as Bucks County, Pennsylvania.

What Should I Do After a Single-Vehicle Car Accident?

Car accidents can happen in a flash and can cause serious injuries. Statistics show that almost 86 percent of drivers worry about accidents with other drivers, but it may be surprising to learn that over 50 percent of traffic fatalities involve only one car.

A single-vehicle collision is a car accident where only one vehicle is affected. Just like car accidents involving two or more vehicles, single-vehicle accidents can be serious and lead to severe injuries.

What Causes Single-Vehicle Car Accidents?

Several factors can lead to a single-vehicle car accident, and one may wonder how one would be able to recover compensation for injuries and damages. In any car accident, one most likely would have to prove who is at fault and should be held liable for the costs. In single-vehicle car accidents, it is difficult to prove that another party is responsible for the accident.

Can I Collect Compensation After a Single-Vehicle Accident?

Single-vehicle car accidents normally occur due to driver error, such as distracted driving, drunk driving, or fatigue. They could have disastrous results as well, like vehicle roll-overs, swerving into the wrong lane, or going off the road, often seeing serious injuries or fatalities.  

Depending on one’s car insurance coverage, one may be able to collect some compensation for damages. Some insurance companies offer options, such as comprehensive coverage or collision coverage, and they may cover property damage and injuries as well.

There are certainly outside influences that could cause a single-vehicle car accident. Factors, such as weather, can cause slippery conditions where one could overcompensate a turn. Animals can cause a driver to swerve around and lose control; the same could be said for pedestrians or bicyclists. 

Even in a single-vehicle accident, one may be able to seek compensation. One may have a case if a city or municipality failed to fix a road or a pothole correctly. A driver or pedestrian could cause a motorist to unexpectedly swerve to avoid an accident. 

Vehicle manufacturers or car repair facilities can also be held liable if a defect or a failed repair caused a vehicle malfunction.

Proving liability can be difficult in single-vehicle accident cases, so it is important to hire legal representation right away.

Monmouth County Car Accident Lawyers at the Falcon Law Firm, LLC Help Those Injured in Single-Vehicle Car Accidents

If you were injured in a single-vehicle car accident, you should seek legal guidance immediately, regardless of the cause. Our experienced Monmouth County car accident lawyers at the Falcon Law Firm, LLC help car accident victims get the compensation that they need and deserve. Complete our online form or call us at 732-660-1200 for a free consultation. Located in Oakhurst, Parlin, and Aberdeen, New Jersey, and Doylestown, Pennsylvania, we serve clients throughout Asbury Park, Belmar, Deal, Ocean Township, Point Pleasant, Long Branch, West Long Branch, Sayreville, Middlesex County, and Monmouth County, New Jersey, as well as Bucks County, Pennsylvania.

Can I File a Counterclaim After a Car Accident?

Every lawsuit has a plaintiff and a defendant. Sometimes, the defendant may feel the need to fight back with a counterclaim. A counterclaim is a claim brought by the defendant in a lawsuit alleging fault or negligence by the plaintiff. A counterclaim is not a separate lawsuit, it remains a part of the original suit and must be related to the original subject matter.

Car Insurance Company and Filing a Claim

If one is being sued for negligence in a car accident and feels that the other party was actually at fault for the accident, one will probably not have much to do to file a counterclaim.

In most circumstances, the car insurance company is the one to decide if a counterclaim should be filed, and they handle all the necessary details. In fact, if they do not agree with the driver on the facts of the matter, it is likely that no counterclaim will be filed.

How Do I Start a Counterclaim?

The process of filing a counterclaim begins shortly after a lawsuit or complaint is brought against the defendant. A defendant who wants to file a counterclaim must first file an answer to the complaint and then the counterclaim with the court.

The process of discovery then begins for both the complaint and the counterclaim. Discovery is a pre-trial investigation process where both parties collect evidence on one another’s allegations. Common discovery devices include interrogatories, depositions, requests to produce documents, requests for admissions, and subpoenas. The discovery process for a counterclaim is conducted in the same way as it would be for a regular lawsuit.

If there is no attempt to mediate or settle the lawsuit, then it goes to trial, and both parties must present evidence to support their allegations. Generally, evidence for both the original lawsuit and the counterclaim will be heard at the same trial. The defendant bears the burden of proving the allegations of the counterclaim.

What is Modified Comparative Negligence?

New Jersey follows what is known as modified comparative negligence. This means that if both parties are shown to be negligent, then fault is assigned accordingly. If the plaintiff is assigned 51 percent or more of the fault, they cannot recover any compensation.

If the plaintiff and defendant are equally responsible, or the defendant’s responsibility is found to be less than 50 percent, the defendant does not have to pay damages.

If the defendant’s responsibility is 51 percent or more, they are liable for that percentage.

A qualified attorney can help determine if one has a case for a counterclaim and the likelihood of success.

Oakhurst Car Accident Lawyers at the Falcon Law Firm, LLC Fight for the Rights of Car Accident Victims

If you were injured by a negligent driver, contact one of our trusted Oakhurst car accident lawyers at the Falcon Law Firm, LLC. Our experienced team protects innocent car accident victims. Call us at 732-660-1200 or complete our online form for a free consultation. Located in Oakhurst, Parlin, and Aberdeen, New Jersey, and Doylestown, Pennsylvania, we serve clients throughout Asbury Park, Belmar, Deal, Ocean Township, Point Pleasant, Long Branch, West Long Branch, Sayreville, Middlesex County, and Monmouth County, New Jersey, as well as Bucks County, Pennsylvania.

 

A Message to Our Customers About Coronavirus COVID-19:
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A Message to Our Clients About Coronavirus COVID-19:

At Falcon Law Firm, LLC, we view the safety and well-being of our clients, staff and business partners as our highest priority.

The situation regarding the COVID-19 virus is continually changing, and we are following all recommended guidelines to stay healthy.

Currently, our law firm is remaining open to serve your legal needs.

We are happy to arrange for phone or video consultations should you have any concerns about keeping your scheduled appointments with us. We are also able to exchange documents via secure drives or email.

Should you have any concerns regarding an upcoming meeting with us, please contact us online or call 732-876-9648.

Thank you and take care.