Car accidents can go beyond a small fender-bender and leave victims with devastating physical injuries, some of which can impact lives permanently. Sometimes these injuries result in emotional trauma and financial burdens. For many, the thought of filing a legal claim is overwhelming, which is why hiring a car accident lawyer is often the best course of action. However, is there ever a point when it becomes too late to hire one? This article will dive into the timing considerations for securing a car accident attorney in New Jersey, including laws that may influence your decision.
Whether you’re worried about deadlines, the complexity of your case, or ensuring you get fair compensation, understanding New Jersey law is very important. Luckily, you can always seek out legal help from a lawyer. The New Jersey car accident lawyers from Brandon J. Broderick, Attorney at Law are available to go over your case. Call today.
Statute of Limitations in New Jersey
One of the most significant factors that determine when it’s too late to hire a car accident lawyer is the statute of limitations. In New Jersey, the time limit for filing a personal injury claim or lawsuit is two years from the date of the car accident. This is called the statute of limitations. If you fail to file a claim within this timeframe, the courts are likely to dismiss your case, effectively barring you from recovering compensation.
There are exceptions to this rule:
- Discovery Rule: In rare instances, if an injury is not immediately apparent (e.g., internal injuries), the statute of limitations may begin from the date the injury was discovered or reasonably should have been discovered.
- Minors: If the victim is a minor, the statute of limitations may be extended, typically starting from the date the individual turns 18.
Although these exceptions exist, it’s wise to consult a lawyer as soon as possible to avoid complications or missed deadlines.
The Importance of Acting Early
While the statute of limitations provides a deadline, delaying the hiring of a lawyer can create additional challenges:
- Preservation of Evidence: Over time, critical evidence such as skid marks, vehicle damage, and surveillance footage may disappear or degrade. An attorney can help gather and preserve this evidence promptly.
- Witness Reliability: Memories fade over time, making it harder to secure accurate testimony from witnesses. The sooner you consult a lawyer, the easier it will be to collect reliable statements.
- Insurance Deadlines: Many insurance companies impose their own deadlines for filing claims. Missing these deadlines can reduce your chances of receiving fair compensation.
Understanding Comparative Negligence in New Jersey
The state of New Jersey operates under a modified comparative negligence system. Under this concept, the compensation you are awarded is reduced by the percent of fault assigned to you in the accident. However, you can still recover damages as long as you are not more than 50% at fault. If you delay hiring a lawyer, you risk an inadequate defense against claims that you share fault or are more than 50% at fault, which could reduce or eliminate your compensation.
Late Representation: Is It Still Worth It?
Even if some time has passed since your accident, it may still be worthwhile to consult a lawyer. Attorneys can often step in and manage cases even close to the statute of limitations deadline, provided there is enough time to gather evidence and file paperwork. Additionally:
- Settlement Negotiations: If you’re dissatisfied with a settlement offer from an insurance company, an attorney can evaluate the offer and negotiate on your behalf.
- Complex Cases: If your case involves multiple parties, severe injuries, or disputed liability, hiring a lawyer—even late—can significantly improve your chances of a favorable outcome.
What to Do If You’re Approaching the Deadline
If you realize that the statute of limitations is approaching and you haven’t taken legal action yet, here’s what you should do:
- Gather Documentation: Collect all relevant records, including medical bills, police reports, and correspondence with insurance companies.
- Contact a Lawyer Immediately: An experienced car accident lawyer can quickly assess your case, file necessary paperwork, and advocate on your behalf.
- Avoid Delays: Time is of the essence, so prioritize consultations and decision-making to ensure your claim is filed promptly.
Preventing Last-Minute Stress
To avoid the stress of rushing to meet deadlines, consider hiring an attorney as soon as possible after the accident. Early representation can:
- Handle communication with insurance companies
- Investigate the circumstances of your accident
- Build a strong case for maximum compensation
Call Brandon J. Broderick For Legal Help
Navigating New Jersey car accident claims can be challenging. Fortunately, you don't need to do it alone. The experienced car accident lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.
Contact us now for a free legal review.