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What Should I Do After a Sideswipe Car Accident?

Sideswipe car accidents can be quite serious, causing significant damage and lasting injuries. Unlike head-on collisions or side-impact crashes, sideswipe accidents have a reputation for being minor. However, sideswipe accidents can still cause substantial property damage and serious injuries. After a sideswipe accident, a driver should follow a few simple steps to ensure that they are preserving all available evidence to support a personal injury case.

What Factors Cause Sideswipe Accidents?

Many sideswipe car accidents happen every year in the United States. They are usually caused by distracted or impulsive drivers. For example, an inattentive driver distracted by a cellphone may drift into an adjacent lane, or a driver merges without properly looking. In many cases, drunk driving or aggressive driving leads to sideswipe accidents.

What Steps Should be Taken After a Sideswipe Accident?

The first priority for a driver is to identify and seek treatment for injuries. After an accident, it is important for a driver to contact emergency services. Even if an accident is minor, a victim should be seen by a doctor. In some cases, injuries may appear later.

After addressing any injuries, the main actions that should be taken are aimed at collecting and preserving evidence. Even if emergency medical attention does not appear necessary, law enforcement should be notified. The dispatcher will send an officer to the scene of the accident to take an incident report. A police report includes identifying information from all persons involved and statements from each driver.

A driver should obtain a copy of the report and also collect additional information on their own. Make note of the make, model, and color of the other vehicle and its license plate number, even though that information should be part of the accident report. Personal accounts from witnesses should be recorded in writing or videos. Drivers can even record their own version while it is still fresh in their minds.

Photographs should be taken of the scene, property damage, and any road signs or conditions that may have been factors in the accident. All of this information will help support a case against the other driver.

An important step is to contact a lawyer. A lawyer will help with collecting evidence, filing a claim, and will protect their client’s rights.

Monmouth County Car Accident Lawyers at the Falcon Law Firm, LLC Represent Injured Car Crash Victims

A sideswipe accident can cause property damage and injuries. If you were hurt in a car accident, you may be able to collect compensation for your injuries and car repairs. Our Monmouth County car accident lawyers at the Falcon Law Firm, LLC will evaluate your case and determine if you are eligible for compensation. Contact us online 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.

 

Essential Highway Driving Safety Tips

Each year, there are six million car accidents in the United States. Accidents happen each day, and highways are often hotspots for crashes to occur. Highways help drivers get to locations quickly, however, there are challenges that can affect safety.

What are the Dangers of Driving on the Highway?

Highways are often places where drivers go above the posted speed limits. Driving above the speed limit is concerning. If cars stop abruptly, a driver might find it difficult to stop quickly, which can lead to a rear-end accident. Driving at high speeds can also lead to more severe injuries, including spinal cord injuries and traumatic brain injuries.

How Can I Avoid an Accident on the Highway?

To avoid collisions, it is important that drivers are extra cautious. There are certain tips drivers should take to avoid accidents, such as the following:

Do not text and drive. Distracted driving is dangerous on highways because of the high speeds. When a driver takes their eyes off the road for just five seconds, they have already traveled the length of an entire football field. Drivers should put their phones in the back seat. This can ultimately prevent an accident.

A driver should maintain a safe distance. This means that a driver should never tailgate another car and should avoid driving directly next to another vehicle. This can allow other drivers to pass and avoid accidents.

Drivers should be mindful of large trucks. Another tip is to be considerate of large commercial trucks on the road. Many drivers may find it frustrating to be stuck behind a large semi-trailer, however, they should still practice caution when around them. Truck drivers often have bigger blind spots and less time to brake. Therefore, a driver should always maintain a safe distance so they are seen by the truck driver.

What Happens After an Accident on a Highway?

Car accidents are not always preventable; therefore, drivers should know the steps to take after collisions happen. This can help them legally, financially, and emotionally.

The driver should check for injuries and seek medical care. After this, the driver should call emergency services to report the accident and get medical attention. This is crucial because it can provide evidence that could be useful in a personal injury claim.

Drivers and their passengers should stay as far away from the road as possible. While doing this, the driver should take photographs of property damage and the scene of the accident. Also, they should exchange information with the other driver and contact a lawyer. Contacting a lawyer helps the injured driver get compensated for medical bills, lost wages, and vehicular damage.

Monmouth County Car Accident Lawyers at the Falcon Law Firm, LLC Help Clients Recovering from Serious Highway Car Accidents

If you were injured in a highway car accident, our Monmouth County car accident lawyers at the Falcon Law Firm, LLC can assist you. Our lawyers are dedicated to helping victims recover damages related to car accidents. Contact us online 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 if I See a Distracted Driver?

Using a cellphone while behind the wheel is one of the most dangerous actions a driver can do. It is imperative that drivers choose to avoid dangerous cellphone usage because it takes their focus off of the roads. However, what happens if one witnesses a reckless distracted driver? If a motorist views a distracted driver, they have some options.

The first step is to recognize dangerous distracted driving behaviors. A motorist should be on the lookout for odd changes in speed, drifting between lanes, or if a driver fails to resume driving after a light turns green.

Most importantly, a motorist should steer clear of any driver that is acting erratically. If they are distracted, they may pose a real danger to anyone in the vicinity. Keep some distance by driving ahead of the vehicle, or slow down and let the car pass.

If it can be done safely, try to make note of important information, such as the color, make, model of the car, and license plate number. Use this information to make a report to law enforcement. A driver should make a report with a hands-free, voice-activated device. In New Jersey, witnesses can report aggressive or distracted driving by dialing #77, which is a handy resource for motorists when they are able to safely use phones.

What Should I Remember When Making a Report?

It is important to refrain from distracted driving when making a report. A passenger may be the best person to handle the task, but if that is impossible, a driver attempting to offer information about a distracted driver should pull over to a safe place before making the call.

When someone suspects that a driver is distracted, they should not get close to the motorist to make sure. They should not go out of their way to collect incriminating information.

When Should I Speak to a Lawyer?

Phones and other electronics are among the newest distractions, but other risky driving behaviors include eating or drinking, looking away from the road, and noisy passengers. All distractions should be avoided while driving. If a person is hit by a distracted driver, they may be eligible for compensation. A helpful lawyer will be able to assist with a personal injury claim so that one can focus on recovery.

Monmouth County Car Accident Lawyers at the Falcon Law Firm, LLC Obtain Compensation for Clients Hurt in Motor Vehicle Crashes with Distracted Drivers

If you were hurt in a car accident with a distracted driver, you may be able to collect damages. Our Monmouth County car accident lawyers at the Falcon Law Firm, LLC can help you recover compensation for medical bills, lost wages, and other expenses. Contact us online or call us at 732-660-1200 for a free consultation today. Located in Oakhurst, Parlin, and Aberdeen, New Jersey, and Doylestown, Pennsylvania, we proudly help car accident victims 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.

Do I Need a Lawyer for a Car Accident That I Did Not Cause?

Car accidents can be very stressful for victims, and the aftermath can be quite overwhelming. Even the most experienced driver might not be fully prepared for serious injuries after an accident. Speaking with a lawyer can be very helpful and give one guidance about their personal injury case. 

In New Jersey and Pennsylvania, each driver is required to have insurance coverage in case of a car accident, whether they are the at-fault driver or not. This is because both states are no-fault insurance states, meaning a driver must look to their own insurance company for reimbursement.

It is highly recommended to contact a lawyer before speaking to the insurance company. An experienced attorney can go over the case and provide valuable information. 

What Will Compensation Cover After an Accident?

The main goal for any driver after an accident is to recover financial losses, regardless of fault. A driver’s insurance company will provide the coverage needed, but most of the time, they will offer the minimum amount possible to cover their client, including property damage and medical expenses. Insurance coverage does not cover unforeseen costs a driver might incur, like medical expenses that may arise in the future. There are other situations that an insurance company may not cover because they may not be apparent at first, such as lost wages or emotional distress. 

This is where a lawyer will be helpful. A knowledgeable lawyer will go over the case and discuss all legal options to seek the full amount of reimbursement for their client. A lawyer can hire experts to help a case, such as an accident reconstruction specialist or a medical professional. They can also obtain police and medical records. With this information, a lawyer can demonstrate to the insurance company or the court that more reimbursement is required for their client.

Can a Lawyer Determine Who is Responsible for the Accident?   

It is not easy to determine who is the at-fault driver, only a lawyer can help prove negligence or causation. Even if a driver does not believe they are at fault, it is best to hire a lawyer just in case negligence is involved.

Can a Lawyer Assist with Recovery?

Hiring a lawyer also helps the driver focus on recovery. A lawyer will handle the legalities of the case so that a car accident victim can focus on their health. Car accidents often lead to injuries, so it is important for a victim to always hire a lawyer after a car wreck.

Monmouth County Car Accident Lawyers at the Falcon Law Firm, LLC Protect the Rights of Injured Car Accident Victims

After a car accident, it is best to contact a lawyer right away. A lawyer can help protect your rights, ease your stress, and help you get compensation. If you were in a car accident, our Monmouth County car accident lawyers at the Falcon Law Firm, LLC can help. 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.

Are Rideshare Services Liable for Car Accidents?

Nowadays, rideshare services are convenient and popular. However, it is important that passengers stay safe while using these services. If a rideshare driver causes a car accident, they may be held liable for injuries.

How Can I Stay Safe While Using a Rideshare Service?

Some ways to stay safe while using a rideshare service include:

Waiting in a Safe Location: When giving a pick-up location, be sure to choose a place that is safe and well lit.

Confirming the Ride: The app provides information, such as car model, license plate, and the driver’s photograph to help a costumer identify the driver. A customer should also ask the driver who they are picking up to confirm that they have the right driver.

Telling a Friend: Rideshare apps now offer a feature that shares information about a trip, such as the driver’s information and a receipt.

Choosing the Seat:Sitting in the rear passenger seat gives a customer the best vantage point of the driver and the road. It is also suggested that a customer tests the doors to ensure that they are not locked.

Riding with a Friend: If possible, avoid being alone with an unknown driver. Sharing a ride with a friend is safer than riding alone.

Avoiding Impairment: Ridesharing services are popular with riders who want to avoid driving under the influence, but riding while overly intoxicated has its own risks. Keep this in mind when making arrangements for intoxicated friends as well. Track the ride and check in with them to be sure they arrived home safely.

Reporting Concerns: If anything about the ride is uncomfortable, it is important to report it, including unsafe driving behaviors.

What if My Rideshare Driver is in a Car Accident?

Although rideshare services are convenient, they are not immune to car accidents. If a customer feels that their driver is acting recklessly, they should them ask to pull over. The app even includes a feature that allows users to call 911 and report their location.

If a rideshare driver is in an accident, they could be held responsible. Rideshare drivers are required to follow the same traffic laws as other drivers. Similar to a standard car accident, one must establish that the rideshare driver is at fault.

Some rideshare services provide coverage for their drivers. The coverage initiates in certain circumstances, such as when drivers log into the app.

If a rideshare passenger is injured during a collision, they should speak to an attorney. A lawyer will collect evidence and determine if the rideshare driver or rideshare service is liable for the accident.

Monmouth County Car Accident Lawyers at the Falcon Law Firm, LLC Protect Clients Injured in Rideshare Accidents

Rideshare drivers must abide by traffic laws and ensure the safety of their passengers. If you were hurt in a rideshare accident, contact one of our Monmouth County car accident lawyers at the Falcon Law Firm, LLC. We will evaluate your case and help you obtain compensation. 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 Four-Way Stop Accident?

Four-way stop intersections are often difficult to navigate. Many drivers do not know the laws regarding four-way stops, which makes car accidents more likely to happen. In fact, there are approximately 70,000 car wrecks each year due to drivers running stop signs. A four-way stop accident can cause serious injuries to drivers, passengers, and pedestrians.

Victims injured in intersection accidents often suffer financial and emotional burdens, including medical bills, lost wages, vehicular damage, and pain and suffering. If a motorist is injured, they should talk to a lawyer who will help them with a personal injury claim. A lawyer will handle the legalities of the case so that the victim can focus on recovery after an accident.

What Causes Car Wrecks at Four-Way Stops?

When a driver approaches an intersection, it is crucial that they stay cautious and identify whether they are at a two-way or a four-way stop. They should also check for other drivers in the intersection and look both ways. Being aware of one’s surroundings and staying patient are important ways to prevent car accidents and subsequent injuries and lawsuits.

One common mistake that drivers make is assuming that they are at a four-way stop, when they are actually at a two-way stop. When a person assumes this, they may believe a driver will stop at a stop sign. This may lead them to dart across the street, making it difficult for the driver in oncoming traffic to stop.

Many drivers also fail to yield correctly. The general rule is that the initial person at the intersection proceeds first. However, many drivers are impatient and proceed through intersections. If both drivers advance, it could lead to a severe collision.

How Can I Establish Liability After a Four-Way Car Accident?

To establish liability, the victim should understand laws regarding four-way intersections. In New Jersey, drivers who approach stop signs must make complete stops before proceeding. Those who fail to make complete stops could pay up to $200 dollars in fines and spend 15 days in jail. A driver could also receive two points on their license for this offense.

If the four-way stop accident was caused by a negligent driver, the at-fault driver could end up paying more in damages. Motorists have a duty of care to drive safely. If that duty of care is breached, the driver is liable for the victim’s injuries, economic, and non-economic damages. A car accident victim should contact a skilled lawyer to help recover compensation for medical bills, lost wages, and vehicular damage.

Monmouth County Car Accident Lawyers at the Falcon Law Firm, LLC Represent Victims Injured by Negligent Drivers at Four-Way Stops

If you were in a car accident at a four-way stop, one of our accomplished Monmouth County car accident lawyers at the Falcon Law Firm, LLC can help you. Our lawyers work tirelessly to get compensation for car accident victims. For a free consultation, complete our online form or call us at 732-660-1200 today. Located in Oakhurst, Parlin, and Aberdeen, New Jersey, and Doylestown, Pennsylvania, we proudly 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.

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.