Cherry Hill is a family-friendly town with a rich history as a farming community. Strategically located near I-295 and the New Jersey Turnpike, it’s a convenient place to live for those who commute to Philadelphia or other nearby cities.
But like other lively communities, Cherry Hill roadways aren’t immune to car crashes. If you or a loved one suffered injuries in a car accident, you may be entitled to compensation for your medical bills and other losses.
Contact a Cherry Hill car accident lawyer from Rothenberg Law Firm LLP to discuss your case and your options for financial recovery.
Cherry Hill Car Accident Guide
- Why Choose Rothenberg Law Firm LLP for Your Cherry Hill Car Accident Claim?
- Do I Have Grounds to Bring a Car Accident Case in Cherry Hill?
- What Damages Are Available to Car Accident Victims?
- What if I’m Partly to Blame for My Injuries?
- Who May You Hold Liable for Your Cherry Hill Car Accident Case?
- What Is the Deadline for Filing a Car Accident Lawsuit in New Jersey?
- How Can a Lawyer Help With My Cherry Hill Car Accident Claim?
- Contact the Cherry Hill Car Accident Lawyers at Rothenberg Law Firm LLP Today
Why Choose Rothenberg Law Firm LLP for Your Cherry Hill Car Accident Claim?
Rothenberg Law Firm LLP is a family of lawyers and legal support professionals dedicated to providing accident victims in Cherry Hill and throughout New Jersey with legal services they can depend on.
We understand that car accident injuries can be devastating, not just to the accident victim but also to their entire family. So, we do whatever is necessary to ensure our clients get the compensation they need for their medical bills and other losses. We fight to protect their rights and ensure they get the maximum for their claim. In our 50-year history, we have recovered billions of dollars in verdicts and settlements for our clients.
At Rothenberg Law Firm, we are more than legal counselors to our clients. We strive to be their beacon of hope during the darkest days of their life. Contact us today for a free and confidential consultation. Let us show you how we can help you through this difficult time.
Do I Have Grounds to Bring a Car Accident Case in Cherry Hill?
Most car accident claims primarily rely on the concept of negligence. Negligence is a legal theory that refers to the failure to exercise reasonable care in a situation that results in harm or injury to another person. In the context of car accidents, negligence occurs when a driver fails to act with the level of care and caution that a reasonably prudent person would under similar circumstances.
To have a successful car accident claim based on negligence, the injured party (plaintiff) must establish four key elements:
- Duty of Care: The first element is to show that the at-fault party (defendant) owed a duty of care to the plaintiff. In car accident cases, this duty of care is usually straightforward, as all drivers have a duty to operate their vehicles safely and in accordance with traffic laws. Essentially, it means that drivers must take reasonable steps to avoid causing harm to others on the road.
- Breach of Duty: The plaintiff must then demonstrate that the defendant breached their duty of care by failing to act as a reasonably prudent person would have in the same situation. This breach typically involves actions such as speeding, running a red light, driving while distracted, or violating other traffic regulations.
- Causation: Causation involves proving that the defendant’s breach of duty directly caused the accident and the plaintiff’s injuries. There must be a direct link between the defendant’s negligent actions and the harm suffered by the plaintiff. In other words, the accident would not have occurred but for the defendant’s negligence.
- Damages: Finally, to have a successful car accident claim, the plaintiff must demonstrate that they suffered actual damages as a result of the accident. Damages can include medical expenses, property damage, lost wages or income, pain and suffering, and any other losses that can be attributed to the accident and the injuries sustained.
What Damages Are Available to Car Accident Victims?
Car accident victims may be eligible for various types of damages, depending on the circumstances of the accident and the extent of their injuries. These damages are typically categorized into two main types: economic damages and non-economic damages.
Economic Damages
Economic damages refer to the measurable financial losses that a person incurs as a result of an accident or injury.
These damages typically include:
- Medical Expenses: This includes costs related to medical treatment, hospitalization, surgeries, medications, rehabilitation, and any necessary medical devices or equipment.
- Property Damage: Economic damages cover the repair or replacement of the victim’s vehicle and any other damaged property, such as personal belongings inside the car.
- Lost Income: Victims can seek compensation for income lost due to the accident, including missed work days, reduced earning capacity, and future lost earnings if the injuries result in long-term or permanent disability.
- Other Financial Losses: This category may include out-of-pocket expenses incurred as a direct result of the accident, such as transportation costs for medical appointments, home modifications, or the cost of hiring household help if the victim is unable to perform daily tasks.
Non-Economic Damages
Non-economic damages, on the other hand, are the intangible losses that are more subjective in nature and not easily quantifiable in financial terms.
These include:
- Pain and Suffering: Non-economic damages are more subjective and cover physical pain, emotional distress, and mental anguish resulting from the accident and injuries.
- Emotional Distress: Car accidents can have a significant emotional impact, leading to anxiety, depression, post-traumatic stress disorder (PTSD), and other emotional and psychological challenges. Compensation may be awarded for these emotional injuries.
- Loss of Consortium: In cases of severe injury or wrongful death, family members may be entitled to damages for the loss of companionship, support, and intimacy that resulted from the accident.
What if I’m Partly to Blame for My Injuries?
Comparative negligence is a legal doctrine used to determine the degree of fault and liability in personal injury cases, including car accident cases. It allows for a fair allocation of responsibility between the parties involved in the accident based on their respective contributions to the incident. Each party’s degree of fault is assessed, and their recoverable damages decrease accordingly.
New Jersey follows a modified comparative negligence standard with a 50 percent bar. This means you can still recover compensation for your injuries, but only if the court finds you to be 50 percent or less at fault. If you are 51 percent or more at fault, you cannot recover any compensation.
Comparative negligence allows injured parties to recover compensation even if they share some blame for the accident. However, insurance companies may use this standard to reduce or deny the compensation you deserve.
An experienced car accident attorney handling your claim ensures you get the compensation you deserve.
Who May You Hold Liable for Your Cherry Hill Car Accident Case?
In a car accident claim, liability, or responsibility for the accident, may be attributed to various parties, depending on the circumstances and the specific facts of the case. The following parties may be held liable in a car accident claim:
Another Driver
The most common scenario is when another driver’s negligence or reckless behavior causes the accident. This may include actions like speeding, running red lights, distracted driving (e.g., texting while driving), drunk driving, or failing to yield the right of way.
Vehicle Owner
If the at-fault driver is not the owner of the vehicle they were driving, the vehicle owner may also be held liable under certain circumstances. This is often the case when the owner entrusted their vehicle to someone they knew or should have known was an incompetent or irresponsible driver.
Employer
If the at-fault driver was operating a vehicle in the course of their employment, their employer may be held liable for the accident under the legal doctrine of “vicarious liability” or “respondeat superior.” This typically applies to commercial vehicle accidents or cases involving delivery drivers, truck drivers, or company vehicles.
Manufacturer or Mechanic
In some cases, car accidents are caused by defects in the vehicle itself, such as faulty brakes, defective tires, or other mechanical issues. In such instances, the manufacturer or the entity responsible for vehicle maintenance and repair may be held liable for the accident.
Government Entities
Poor road conditions, inadequate signage, and other issues related to roadway maintenance can contribute to accidents. If the accident was caused by a government entity’s negligence in maintaining the road, such as failure to repair potholes or ensure proper signage, the government may be held liable in certain cases.
Third Parties
Sometimes, third parties not directly involved in the accident may bear liability. For instance, if a bar or restaurant serves alcohol to a minor or visibly drunk patron who later causes a drunk driving accident, the establishment may be held liable under dram shop law.
What Is the Deadline for Filing a Car Accident Lawsuit in New Jersey?
In New Jersey, the statute of limitations for filing a personal injury lawsuit after a car accident is typically two years from the date of the collision. If you miss this deadline, you will be unable to seek compensation through the court.
Some exceptions may shorten or lengthen this deadline. For example, if a car accident involves a vehicle operated by a public entity, such as a city bus or municipal garbage truck, the statute of limitations is much shorter. A Notice of Tort Claim requires filing within 90 days of the accident.
Consulting a lawyer as soon as possible after your accident helps ensure you don’t miss any important deadlines.
How Can a Lawyer Help With My Cherry Hill Car Accident Claim?
A lawyer from Rothenberg Law Firm LLP can provide valuable assistance with your Cherry Hill car accident claim by offering the following services and support:
Legal Experience
Attorneys at Rothenberg Law Firm LLP are experienced in handling car accident cases and are knowledgeable about New Jersey’s laws and regulations related to personal injury claims. They can provide you with legal advice and guidance throughout the process.
Investigation
Your attorney will thoroughly investigate the circumstances of your accident. This includes gathering evidence, interviewing witnesses, obtaining accident reports, and working with accident reconstruction experts if necessary to establish liability.
Determining Liability
Identifying who is at fault for the accident is a critical aspect of your claim. Your lawyer will work to establish liability by examining factors such as traffic laws, witness statements, and any available video or photographic evidence.
Calculating Damages
Your attorney will help you determine the full extent of your damages, including medical expenses, property damage, lost wages, and non-economic damages like pain and suffering. This ensures that you seek fair compensation for all your losses.
Negotiation
Rothenberg Law Firm LLP attorneys are skilled negotiators who will engage with insurance companies on your behalf. They’ll work to secure a fair settlement that covers your damages without you having to deal directly with the insurance adjusters, who may try to minimize your claim.
Litigation
If a fair settlement cannot be reached through negotiations, your attorney will be prepared to take your case to court. They will represent your interests during litigation, presenting evidence and arguing your case in front of a judge and jury if necessary.
Handling Legal Procedures
Car accident claims often involve complex legal procedures and deadlines. Your attorney will ensure that all necessary paperwork is filed correctly and submitted within the required timeframes, helping to avoid potential legal pitfalls.
Client Advocacy
Your attorney is your advocate throughout the process, ensuring that your rights are protected and that you receive the compensation you deserve. They will work diligently to maximize your recovery.
Support and Communication
A lawyer from Rothenberg Law Firm LLP will provide you with regular updates on the progress of your case and answer any questions you may have. They’ll offer emotional support and guidance to help you navigate the challenges of a car accident claim.
Contact the Cherry Hill Car Accident Lawyers at Rothenberg Law Firm LLP Today
Allen L. Rothenberg, Esq., Cherry Hill Car Accident Lawyer
If you or someone you know was seriously injured in a car accident in Cherry Hill because of another party’s negligence or recklessness, contact us today at (800) 624-8888 for your free, no-obligation consultation.
After reviewing your claim, our Cherry Hill personal injury lawyers will advise you of your options going forward. Because we operate on a contingency basis, you pay no fee unless and until we win compensation for you.
The Rothenberg Law Firm LLP – Cherry Hill Office
811 Church Rd,
Cherry Hill, NJ 08002
