Car Accident Attorney Elizabeth, NJ

Car Accident Attorney Elizabeth, NJ

Your Trusted Advocate After a Car Crash in Elizabeth, New Jersey

Have you or a loved one been injured in a car accident in Elizabeth, New Jersey? The aftermath of a car crash can be overwhelming – dealing with injuries, medical bills, insurance claims, and the emotional toll can be daunting. Don’t face this alone.

Brett M. Rosen, Esq. is a personal injury lawyer in Elizabeth with a proven track record of helping car accident victims throughout Union County secure the compensation they deserve. He’s settled multiple car accident cases for six figures. He’s tried numerous car accident cases throughout New Jersey. Contact him today for a free consultation, 908-312-0368. 

Why Choose Brett M. Rosen, Esq. for Your Elizabeth Car Accident Claim?

• Local Expertise: We have an in-depth understanding of Elizabeth’s streets, traffic patterns, and the legal landscape of Union County. This knowledge is invaluable in building a strong case for your claim.
• Proven Results: We have successfully recovered millions of dollars in settlements for car accident victims. Our team is committed to maximizing your compensation for medical expenses, lost wages, pain and suffering, and other damages.
• Client-Focused Approach: Your well-being is our priority. We provide personalized attention, compassionate support, and clear communication throughout the entire legal process. We understand the physical and emotional toll a car accident can take, and we will be there to guide you every step of the way.
• No Win, No Fee Guarantee: You don’t pay us unless we win your case. This means you can have access to top-quality legal representation without any financial risk.

Comprehensive Legal Services for All Types of Car Accidents in Elizabeth, NJ

Our firm has extensive experience handling a wide range of car accident cases in Elizabeth, including:

• Head-on collisions: These often result in severe injuries due to the force of impact. We will aggressively pursue maximum compensation for your injuries and losses.
• Rear-end accidents: Even seemingly minor rear-end collisions can cause whiplash, back injuries, and other serious medical conditions. We will help you get the medical care you need and fight for fair compensation.
• Side-impact collisions (T-bone accidents): These accidents can cause devastating injuries, including head trauma, spinal cord injuries, and broken bones. We will work tirelessly to hold the negligent driver accountable and secure the compensation you deserve.
• Multi-vehicle accidents: These complex cases often involve multiple insurance companies and competing claims. Our attorneys have the experience and resources to navigate these challenges and protect your interests.
• Highway accidents: High-speed accidents on highways like the New Jersey Turnpike, Garden State Parkway, or Route 1&9 can result in catastrophic injuries. We have the expertise to handle these complex cases and fight for your rights.
• Intersection accidents: Crashes at intersections can occur due to a variety of factors, such as running red lights, failing to yield, or distracted driving. We will investigate the cause of the accident and hold the responsible party accountable.
• Hit-and-run accidents: If you’ve been injured in a hit-and-run accident, we can help you identify the responsible party and pursue compensation from your own uninsured motorist coverage.
• Drunk driving accidents: Drunk driving accidents are often preventable, and the responsible driver should be held accountable for their reckless actions. We will fight to get you the justice and compensation you deserve.
• Distracted driving accidents: Texting, talking on the phone, eating, or other distractions behind the wheel can lead to devastating accidents. We will hold distracted drivers accountable for their negligence.
• Uber and Lyft accidents: Rideshare accidents present unique legal challenges. Our attorneys have experience with these cases and can help you navigate the complexities of insurance coverage and liability.
• Accidents involving uninsured/underinsured motorists: If the at-fault driver doesn’t have insurance or doesn’t have enough insurance to cover your damages, we can help you file a claim with your own insurance company under your uninsured/underinsured motorist (UM/UIM) coverage.
• Fatal car accidents: If you’ve lost a loved one in a car accident, we can help you pursue a wrongful death claim to seek compensation for your loss.

We Pursue Maximum Compensation for Your Losses

After a car accident, you may be entitled to compensation for various damages, including:

• Medical Expenses: Current and future medical bills, hospitalization, surgery, rehabilitation, therapy, medication, and medical equipment.
• Lost Wages: Income lost due to time off work for recovery and rehabilitation.
• Loss of Earning Capacity: Compensation for reduced earning potential due to long-term or permanent injuries.
• Pain and Suffering: Physical pain, emotional distress, and diminished quality of life caused by the accident and your injuries.
• Property Damage: Costs to repair or replace your vehicle.
• Loss of Consortium: Compensation for the loss of companionship, support, or services of a loved one due to their injuries.
• Punitive Damages: In rare cases, additional damages may be awarded to punish the at-fault driver for particularly reckless or egregious conduct.

The Legal Process for Car Accident Claims in Elizabeth, NJ

1. Seek Medical Attention: Your health is our top priority. Seek medical treatment immediately after the accident, even if you feel fine. Some injuries may not manifest symptoms right away.
2. Gather Evidence: Collect information at the scene if possible (photos, contact information of witnesses, police report number).
3. Notify Your Insurance Company: Report the accident to your insurance company, but be careful not to give a recorded statement without consulting an attorney.
4. Consult with an Attorney: Contact Brett M. Rosen, Esq. for a free consultation. We’ll review your case, explain your rights, and guide you through the legal process.
5. Investigation and Demand Letter: We will conduct a thorough investigation, gathering evidence and building a strong case for your claim. We’ll send a demand letter to the at-fault driver’s insurance company, outlining your damages and seeking a fair settlement.
6. Negotiation: We will negotiate with the insurance company to reach a settlement that fully compensates you for your losses.
7. Litigation (If Necessary): If a fair settlement cannot be reached, we are prepared to file a lawsuit and take your case to trial.

New Jersey’s “No-Fault” Insurance Law

New Jersey is a “no-fault” insurance state, which means that your own insurance company will typically cover your medical expenses and lost wages, regardless of who caused the accident. However, you may be able to sue the at-fault driver for pain and suffering and other damages if your injuries meet certain thresholds under the law.

Potential Defenses Against Car Accident Claims

Insurance companies and defense attorneys may try to minimize or deny your claim by raising various defenses, including:

• Comparative Negligence: Arguing that you share some fault for the accident, which can reduce your compensation.
• Preexisting Conditions: Claiming that your injuries were pre-existing or not caused by the accident.
• Lack of Medical Evidence: Arguing that your injuries are not as severe as you claim or that there is insufficient medical evidence to support your claim.

Our firm is well-versed in these tactics and will aggressively counter any arguments that attempt to undermine your right to fair compensation.

Limited Liability Threshold (Verbal Threshold) in Elizabeth, NJ Car Accident Cases

New Jersey operates under a “choice no-fault” system for car insurance. This means you can choose between two types of coverage:   

1. Unlimited/Zero-Threshold: You have the right to sue for any injury, regardless of severity, and seek damages for both economic losses (medical bills, lost wages) and non-economic damages (pain and suffering).

2. Limited Tort/Verbal Threshold: You give up the right to sue for pain and suffering unless your injuries meet a certain level of seriousness as defined by the state.   

    

Why Choose Limited Tort?

The main reason people opt for limited tort is to save money on their insurance premiums. It is typically a less expensive option.   

The Catch: The Verbal Threshold

The downside of limited tort is that you can only sue for pain and suffering if your injuries meet one of the following six categories:

1. Death
2. Dismemberment
3. Significant Disfigurement or Scarring
4. Displaced Fracture
5. Loss of a Fetus
6. Permanent Injury (an injury that won’t heal to function normally with further medical treatment)   
    

What Does “Permanent Injury” Mean in Elizabeth?

This is the most contested category. It requires solid medical evidence that your injury will not heal enough to regain normal function, even with more treatment. This is where expert medical opinions and thorough documentation become crucial.   

Exceptions to the Verbal Threshold

Even if your injuries don’t meet the threshold, there are a few exceptions where you might still be able to sue:

• The accident involved a drunk driver
• You were a pedestrian or cyclist hit by a car
• The other driver is out-of-state and doesn’t have NJ no-fault insurance

Why You Need a Lawyer

Navigating the verbal threshold is tricky. An experienced Elizabeth car accident attorney can:

• Evaluate Your Case: Determine if your injuries meet the threshold or if an exception applies.
• Gather Evidence: Collect medical records, expert opinions, and other documentation to prove the severity of your injuries.
• Negotiate with Insurance: Deal with insurance companies who often try to downplay the seriousness of your injuries to avoid paying out.
• Litigate Your Case: If necessary, file a lawsuit and represent you in court to fight for your right to full compensation.

Remember: Don’t let insurance companies decide the fate of your claim. If you’ve been injured in a car accident in Elizabeth, contact Brett M. Rosen, Esq. for a free consultation. We’ll fight for your right to maximum compensation, regardless of your insurance policy’s limitations.

Frequently Asked Questions About Car Accident Claims in Elizabeth, NJ

1. How much does a car accident lawyer cost? We work on a contingency fee basis, which means you only pay us if we win your case. We will discuss our fee structure during your free consultation.

2. How long do I have to file a car accident lawsuit in New Jersey? The statute of limitations for most car accident cases in New Jersey is two years from the date of the accident. However, there are some exceptions, so it’s crucial to consult with an attorney as soon as possible.

3. What if the other driver doesn’t have insurance? If the at-fault driver is uninsured or underinsured, your own uninsured/underinsured motorist (UM/UIM) coverage may apply.

4. Should I talk to the insurance company before hiring a lawyer? It’s generally advisable to consult with an attorney before speaking to the insurance company. They may try to get you to make statements that could harm your case.

5. What if I was partially at fault for the accident? New Jersey follows a modified comparative negligence rule. This means that your compensation can be reduced by your percentage of fault, but you can still recover damages as long as you are not more than 50% at fault.

• Q: What should I do immediately after a car accident in Elizabeth?
  • A: Your safety and well-being are paramount. First, seek medical attention if needed. Then, contact the police to report the accident and exchange information with other parties involved. Do not admit fault. Gather any available evidence, such as photos of the scene and contact information of witnesses. Finally, contact an experienced car accident attorney like Brett M. Rosen, Esq.
• Q: How long do I have to file a lawsuit after a car accident in New Jersey?
  • A: The statute of limitations for filing a personal injury lawsuit in New Jersey is generally two years from the date of the accident. However, there may be exceptions depending on the circumstances of your case. It’s essential to consult with an attorney as soon as possible to ensure you don’t miss any critical deadlines.
• Q: What if the other driver doesn’t have insurance?
  • A: If the at-fault driver is uninsured or underinsured, your own uninsured/underinsured motorist (UM/UIM) coverage may apply. This coverage can help you recover compensation for your injuries and damages. An attorney can help you navigate the claims process and maximize your recovery.
• Q: How is fault determined in a New Jersey car accident?
  • A: New Jersey follows a “modified comparative negligence” rule. This means that if you are partially at fault for the accident, your compensation will be reduced by your percentage of fault. However, you can still recover damages as long as you are not more than 50% at fault.
• Q: What types of damages can I recover in a car accident lawsuit?
  • A: You may be entitled to compensation for various damages, including:
    • Medical expenses: Past, current, and future medical bills, hospitalization, surgery, rehabilitation, therapy, medication, and medical equipment.
    • Lost wages: Income lost due to time off work for recovery and rehabilitation.
    • Pain and suffering: Physical pain, emotional distress, and diminished quality of life caused by the accident and your injuries.
    • Property damage: Cost to repair or replace your vehicle.
    • Loss of consortium: Compensation for the loss of companionship, support, or services of a loved one due to their injuries.
    • Punitive damages: In rare cases, if the at-fault driver’s conduct was particularly reckless or intentional, punitive damages may be awarded to punish the wrongdoer.
• Q: How much is my car accident case worth?
  • A: The value of your case depends on several factors, including the severity of your injuries, the extent of your medical expenses, your lost wages, and the impact the accident has had on your life. An experienced car accident attorney can evaluate your case and give you an estimate of its potential value.
• Q: Should I accept the insurance company’s first settlement offer?
  • A: It’s rarely advisable to accept the insurance company’s initial settlement offer. Insurance companies are in the business of minimizing payouts, and their first offer is usually far less than what you deserve. An attorney can negotiate with the insurance company on your behalf to secure a fair settlement.

Don’t Let a Car Accident Derail Your Life

A car accident can turn your life upside down, but you don’t have to face the aftermath alone. Brett M. Rosen, Esq., is here to help you get the justice and compensation you deserve.

Call us today at 908-312-0368 or email us at brett@nynjcriminalcivilesq.com