Clarence Barry-Austin, PC

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(973) 763-8500

Clarence Barry-Austin, PC

If you’ve been in an auto accident:

  • Get to a safe location. Roads can be dangerous, so be sure to pull your vehicle off to the shoulder. If you can’t move your car, turn on your hazard lights until emergency responders arrive.
  • Call 911. In any automobile accident, a police officer needs to analyze the situation and generate a police report with your account of what happened. This is important later when determining who was at fault for the crash.
  • Get medical treatment immediately. Auto accidents are violent collisions that can injure the human body. It is very common for latent injuries to catch victims off guard several days or a week later. Seek medical attention, even if it doesn’t feel like you’re injured.
  • Contact Clarence Barry-Austin, a South Orange, New jersey personal injury attorney to advise you on how to seek compensation and protect your rights.
General Information:
Bicycle Accidents

Clarence Barry-Austin, a personal injury attorney in South Orange, New Jersey, provides free consultations for injured accident victims. Heavy traffic can make it very difficult to ride a bicycle without eventually ending up injured or even worse. However, bicyclists are always entitled to the same duty of care as any other drivers on New Jersey roads. When the driver of an automobile is negligent, the bicyclist can end up injured much worse than another car or truck driver would. Bicycles do not offer any of the protection that automobiles do and injures often prove to be catastrophic.

I’ve Been Injured In An Auto Accident And Believe I Have A Case Against The At-fault Party. What Are The First Few Steps I Need To Take To Give My Case The Best Possible Outcome?

Disclaimer: The following information is not offered as legal advice. Legal advice requires an attorney-client relationship, which is only formed by a fully signed agreement between the attorney and client.

If you have been in an auto accident, first, you should call your insurance company to report the accident. Next, you should contact an attorney for a preliminary conversation about the accident. Also, you should obtain the police report because the attorney will want to see the report before deciding whether or not to take your case.

If The Injured Party Was Partially At Fault For The Accident, How Does That Impact The Personal Injury Case In New Jersey?

In New Jersey, if the injured party is partially responsible, his or her percentage of negligence (up to 50%) will simply be deducted from the dollar amount awarded by the jury. If, however, the injured party is more responsible (51% or greater) than the other party for the accident, that injured person will be unable to recover damages. You should contact an attorney as soon as possible after the accident that caused your injury to see if he/she feels that your degree of fault is less or greater than that of the other party in the accident.

What Is the Statute Of Limitations Or Time Limit For Filing A Personal Injury Claim In New Jersey?

In New Jersey, there are various time periods that apply to claims for personal injury. In general, an injured party has two years from the date of the accident that caused the injury to file a complaint or claim in court. However, if that date falls on a weekend or a holiday, the statute of limitations will be extended until the next date that is neither a weekend or a holiday. One exception to that rule is that claims for personal or bodily injuries brought against the Port Authority of New York and New Jersey or its employees, must be filed no later than one year from the date of the accident that caused the injury. For minors, those time periods do not start to run until his or her 18th birthday. There are other time limits that could cause you to lose your claim, if missed. You should contact an attorney as soon as possible after your injury to discuss all the time periods that could affect your case.

How Important Is It That Medical Attention Is Sought Immediately Following An Injury And Properly Document It By Medical Professionals?

Medical attention should be sought as soon after the accident as possible, even if you do not feel hurt at that time. Many of the injuries sustained in accidents do not become apparent to the injured person until a day or days later. Also, it is important that objective evidence of any injuries be obtained as close in time to the accident/incident that caused your injuries, so that the insurance company or attorney for the at fault party is unable to claim that some intervening event was the real cause of your injuries and complaints.

What Are Some Of The Defenses That Insurance Companies Might Use To Avoid Paying Out On Injury Claims?

The insurance company has many defenses available to it to try to defeat your claim. Those defenses can be very technical and not easily reduced to brief descriptions. It is, therefore, very important that the injured person speak to an attorney as soon as possible after the accident to discuss specific defenses that might apply to their case.

How Do You, As The Attorney, Know When Is The Right Time To Settle In An Auto Accident Personal Injury Case?

A case, automobile or otherwise, is not ready for settlement until the injury has either healed or reached a point where no further healing will occur. Only then can the full value of the injury be determined. If the case settles before that point, the injured person will get less than the case is worth.

For more information on Auto Accident, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (973) 763-8500 today.

Clarence Barry-Austin, Esq.

Call Us To Discuss Your Case
(973) 763-8500