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Establish Negligence in an Auto Accident Case in New Jersey

By Lependorf & Silverstein on April 22, 2021

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On average, more than 4 million auto accidents happen every year across the nation. Unfortunately, a high number of these accidents result in death. For those who are fortunate enough to survive an accident, facing a life of immeasurable challenges is a high possibility.

The State of New Jersey is a no-fault state when it comes to most auto accident cases. When an average car accident happens, the injured person can seek financial compensation through his or her own Personal Injury Protection (PIP) insurance coverage. In cases where the accident resulted in devastating injuries, however, compensation can be pursued by filing a claim against the party who caused the accident.

Proficient Legal Representation Can Help You Obtain the Compensation You Need

If you were injured in an auto accident in New Jersey, you should know that you may be eligible for compensation beyond what is provided under PIP. Filing a claim against the at-fault party, however, can be challenging as these parties and their insurance companies will work aggressively to avoid paying any compensation to victims. For this reason, it is necessary that you obtain legal counsel from an attorney who is well-practiced in challenging auto accident cases in New Jersey. Aside from providing effective representation against at-fault parties, an experienced attorney will maximize the compensation you receive.

Lependorf & Silverstein, P.C. is a law firm centered on providing strategic, aggressive, and effective legal representation to each of their clients. With their many years of dedicated legal experience, the firm is poised to handle the most difficult auto accident cases in New Jersey. Through compassion and dedication, the firm has helped many auto accident victims obtain the compensation they needed and deserved for their injuries. After you have suffered an accident, obtaining effective legal representation will make a difference in the outcome of your case. Consider scheduling a no-obligation consultation with Lependorf & Silverstein, P.C. to learn more about how the firm can assist you today.

Proving Negligence After an Accident Is No Easy Feat

In order to receive financial compensation from an accused party, plaintiffs will need to prove that the defendant’s negligent actions led to the accident that ultimately caused their injuries. Proving negligence in auto accident cases is not an easy task as it involves multiple aspects of tort law.

To begin, to successfully prove an auto accident case based on negligence, the plaintiff will need to demonstrate that the defendant owed him or her a duty of care. Second, the plaintiff is tasked with proving that the defendant breached the duty through careless, reckless, or negligent conduct. Finally, the plaintiff will need to demonstrate that the breach in duty resulted in his or her damages. Proof of these damages will also be necessary.

In all of New Jersey’s roads and highways, drivers have a legal duty to drive safely and responsibly. This means that drivers must obey all traffic laws, respect traffic signs, drive carefully, and avoid injuring those around. When it comes to an auto accident claim, there are multiple forms in which a plaintiff can demonstrate that the driver who caused his or her injuries drove in an unsafe manner, thereby breaching the duty of care. To prove the driver’s careless actions, safeguarding critical evidence can determine the outcome of a case. Important evidence that can be extremely beneficial includes: Police reports, Eyewitness testimony, Video surveillance, Pictures of the scene, and The defendant’s record admission to guilt.

Once sufficient evidence has been obtained, the plaintiff will be tasked with demonstrating that the defendant’s reckless actions led to his or her damages. To successfully prove this portion of the case, plaintiffs can provide medical reports and testimony from their licensed healthcare providers to prove the damages exist.

Discuss Your Case With an Experienced Auto Accident Attorney Right Away

If you have recently been involved in an auto accident in New Jersey, you will need sufficient compensation to pay for mounting medical bills, the loss of income or earning capacity, disability, the loss of enjoyment of life, and more. Obtaining fair compensation after an accident, however, is not a simple task. Successful auto accident cases require that plaintiffs establish the at-fault party’s negligence and demonstrate that this breach in duty led to the damages.

With the support of a qualified personal injury attorney, you rest assured that your claim will be dutifully represented. Moreover, with the right support, you can focus on your health and recovery while an experienced attorney handles the legalities and complexities of your case.

Lependorf & Silverstein, P.C. has many years of experience representing car accident victims throughout the State of New Jersey. To schedule a complimentary consultation with the firm, consider completing the online contact form here. A well-versed auto accident attorney from the firm will review your case and provide you with available legal options. Schedule your consultation to get started on your case today.

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Posted in: Car Accident

The firm’s principals, Gabriel R. Lependorf and David E. Silverstein, have each been representing injured victims in the State of New Jersey for over twenty years.

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