MOTOR VEHICLE ACCIDENTS

What is a typical car accident or motor vehicle accident case?
Automobile accidents, the area in which most personal injury actions arise, provide a good example of how the New Jersey "tort" system works. You have a negligence claim in a "fault" state if you are injured by a driver who failed to exercise reasonable care, because drivers have a duty to exercise reasonable care anytime they are on the road. When they breach that duty and your injury results, personal injury law says you can recoup your losses. (Note, though, that the system may be very different in states that have passed no-fault laws.)

Negligence reaches far beyond claims stemming from car accidents. It is the basis for liability in most personal injury lawsuits, including medical malpractice.

What happens if I file a lawsuit?
You become the "plaintiff" in the case and the person who injured you becomes the "defendant." Lawyers for each side (and for the insurer) typically begin gathering facts through exchange of documents, written questions ("interrogatories") or "depositions" (questions that are asked in person and answered under oath). This process is called "discovery." After discovery, many cases get settled before trial. Only a small percentage of personal injury actions ever go to trial.

What will I get if I win my case?
If you win, a judge or jury awards you money, known as damages, for your injuries. That amount can include compensation for such expenses as medical bills and lost wages, as well as compensation for future wage losses. It also can compensate you for physical pain and suffering. In addition, you may receive damages for any physical disfigurement or disability that resulted from your injury.

What does it mean to settle a case?
Settling a case means that you agree to accept money in return for dropping your action against the person who injured you. You'll actually sign a "release" excluding the other side of any further liability. To help you decide whether to accept the settlement offer, we will be able to provide a realistic assessment of whether a lawsuit based on your claim will be successful. (Settlement also can take place at any point in a lawsuit once it is filed, including before trial or even after a case has been tried but before a jury reaches a verdict.) The decision to accept a settlement offer is yours, not ours.

Will the person who caused my injury get punished?
No. Punishment comes from criminal cases, not civil cases. Defendants in civil actions for personal injury do not receive jail terms or stiff fines as punishment. Those are "criminal" sentences and personal injury cases are "civil" disputes.

Does a personal injury lawsuit have to be filed within a certain amount of time?
The State of New Jersey has certain time limits, called "the Statute of Limitation," that govern the period during which you must file a lawsuit. In New Jersey, you have as little as two years from the date the automobile accident occurred. If you miss the statutory deadline for filing a case, your case is thrown out of court.

If you or a loved one believes that they have been seriously injured because of an automobile accident, call one of our experienced automobile accident attorneys at The Law Offices of Michael J. Glassman at 856-784-9222 or 888-234-4421 (toll-free). Our initial consultation is free of charge. If we agree to take your case, we will work on a "contingent fee" basis, which means the fee you pay is a percentage of the amount of money that we recover for you. Don't wait to call! You may have a valid claim and be entitled to compensation for your injuries.