Category Archives: Personal Injury

What You Need to Know About Insurance Demand Letter Response Time in New Jersey

From car and truck accidents to medical and legal malpractice, numerous scenarios exist where an individual or their family members could receive extensive injuries or even wrongful death. Like a domino effect, this one bad situation leads to other negatives like wage or job loss, unaffordable mounting medical bills, and sometimes irreversible mental, emotional, and physical strain. 

You can lighten the burden in this situation by sending out a demand letter. However, the insurance demand letter response time can take weeks over even months. We have over 250 years of combined experience at Aiello, Harris, Abate, Law Group PC, so if you’re looking for dedicated attorneys offering personal injury law in New Jersey, who have answers to your demand letter concerns, trust us.  

Why Should You File a Demand Letter?

After being in an accident, you should send a demand letter to your insurance company or any liable party, asking for compensation. Some liable parties include a business or property owner, a manufacturing company for supplying faulty products, or other individuals who put your safety at risk. Some negligent actions or accidents, to name a few, include:

  • Automobile and pedestrian accidents
  • Medical malpractice
  • Legal malpractice
  • Product liability
  • Wrongful injury or death 

This written statement explains to the recipient that you’re taking legal action against them on behalf of yourself or another injury victim. Your statement can outline what the compensation would cover, such as property damage, medical expenses, and relief for pain and emotional ailments. 

Unfortunately, the state of New Jersey doesn’t require the demand letter recipient to respond, which makes waiting for it a frustrating experience. If you don’t know what to expect, let’s look at what determines the response time. 

What Determines the Response Time for a Demand Letter?

Many factors affect the insurance demand letter response time, some contributing to shorter response times of as little as a month and others invoking no response altogether. For instance, if you have ongoing communication with the insurance company, meaning this isn’t the first time you’re reaching out to them for your recent injuries, there’s a better chance of them responding promptly. 

On the other hand, if you had medical conditions or underwent treatment before the accident, this affects your claim, causing the insurance company to want to conduct further investigations before replying to your demand letter. This process delays your response time, sometimes for months. Other factors that affect the duration of the response time include:

  • The amount you’re asking for in your claim: The larger the amount, the more investigating the company will do to determine whether you require a payout
  • The insurance company size: If you’re partnering with a large and well-known insurance provider, they probably have more resources than a smaller one. In that case, they’ll likely respond to your claim faster and pay out favorably. 
  • The size of your insurance policy: A high policy limit means you’re eligible for a larger payout. However, because the company has a higher financial liability with larger policies, the more it’s reluctant to pay. They’ll take longer to respond as they peruse your claim and try to lower your compensation amount. 

What Are Some Responses You May Hear?

If your insurance demand letter response time doesn’t end with the insurance company sweeping your claim under the rug, you’ll receive one of three responses that most likely stem from the above factors. 

In the rare but best-case scenario, the insurance company positively responds to your demand letter. Your provider compensates you for the amount you asked for without debate, accepting financial liability. Still, there are times when rounds of negotiations take place before settling on a payout price or filing a lawsuit if they won’t go as high as you deem fit. 

The most unfortunate response is a rejection. Rejections don’t always mean you don’t qualify for compensation since companies frequently dismiss valid claims, especially large ones. Rather than let this intimidate you and deter you from moving forward, call an accident attorney to help fight for your case. 

When You Feel Your Response Isn’t Reasonable

If personal injury settlements have you wondering about your insurance demand letter response time, call our qualified team with over 60 years of company experience. Whether you’ve gone months without a response or don’t like what you’ve heard, our defensive attorneys know how to handle claim issues and work endlessly to help you receive a different outcome. 

For acute attention to detail, determination, and client comfort, call Aiello, Harris, Abate, Law Group PC at (908) 561-5577 for a free attorney consultation in New Jersey.

The 8 Most Common Types of Personal Injury Cases

Aside from dealing with expensive medical bills after an injury, you may also experience long-term consequences like pain and suffering or lost wages. In the aftermath of an injury, consulting a personal injury lawyer can help you build a strong case to pursue compensation from the negligent party.

Learning about the different types of personal injury cases is crucial so that you know when to call legal professionals. Contact a personal injury lawyer who can explain the types of damages that could apply to your case and help you navigate the process of filing a personal injury claim.

8 Common Types of Personal Injury Cases

There are many types of personal injury cases, including:

1. Medical Malpractice Cases

If you’re visiting a doctor for surgery or other medical treatments, you’ll ideally leave feeling better than you came. However, doctors are human and can make mistakes during procedures that cause additional injuries, pain, or worsened symptoms. 

Medical malpractice cases seek either compensatory or punitive damages for patients negatively impacted by medical mistakes. You may be able to file a medical malpractice claim if doctors mistreated your illness, made mistakes during surgery, operated in unsafe conditions, or misdiagnosed your disease. 

2. Motor Vehicle Accident Cases

One of the most common types of personal injury cases are motor vehicle accident cases. Car accidents can cause life-altering head trauma and spinal cord injuries, not to mention pain and suffering, lost wages, and chronic pain.

A personal injury lawyer can help you construct a case to seek compensation after a motor vehicle accident. These claims may offer compensatory damages to cover your economic and non-economic losses.

3. Slip and Fall Accident Cases

You might have a slip and fall accident case if you sustained an injury on someone else’s property due to their negligence or unsafe conditions.

If the property owner neglects to warn patrons about the risks of slipping and falling, any injuries you sustain may qualify a legal claim. Personal injury lawyers can help you determine the viability of your slip and fall accident case. 

4. Wrongful Death Cases

Many different situations can lead to wrongful death cases. Whether it was medical malpractice that led to death or a fatal injury in a car accident, these cases seek compensatory damages for dependents and families of the deceased. 

Wrongful death cases can take many angles, from focusing on lost wages of the deceased to the emotional trauma inflicted on those affected. Spouses can sue for loss of consortium if their partner was the victim of a wrongful death incident.

5. Product Liability Cases

When products pose potential threats or hazards to the user, manufacturers need to provide warnings and cautions against these risks. Injuries resulting from a product that failed to comply with these standards could substantiate a product liability case. 

Personal injury lawyers can help you determine the validity of your accident claim. Like many other types of personal injury cases, product liability victims can seek damages from various angles.

6. Workplace Accident Cases

Workplace accident cases are particularly common in environments where heavy machinery and dangerous environments are common in daily operations. These settings include construction, manufacturing, and agricultural industries.

Because of the commonality of workplace accidents in certain industries, filing a claim for worker’s compensation may be fairly simple, but you need to know the workers’ compensation rules in your area.

7. Nursing Home Abuse and Malpractice Cases

Entrusting your elderly loved ones to supervised living and nursing home facilities can be a difficult decision. If your family members are injured due to nursing home neglect, abuse, or medical malpractice at their facility, you can sue for damages. While these can be emotionally taxing cases, personal injury attorneys can advise what type of damages could accommodate your circumstances.

8. Dog Bite Cases

If another person’s dog bites you, you may have grounds to file a personal injury claim, as long as you weren’t trespassing on the dog owner’s property or antagonizing the dog.

Dog bite cases present another type of personal injury case where various factors influence the claim’s legal validity. Working with a personal injury lawyer can help you construct the strongest possible case against negligent dog owners.

Hire a Personal Injury Lawyer From Aiello, Harris, Abate, Law Group PC Attorneys at Law

For more information about the different types of personal injury cases or to learn more about the elements of a personal injury claim, reach out to the legal team at Aiello, Harris, Abate, Law Group PC Attorneys at Law.

Call (908) 561-5577 for a free attorney consultation with our experienced personal injury lawyers.

Can You Reopen a Personal Injury Case in New Jersey?

After an accident, you may be eager to seek compensation from the liable parties. However, after reaching an early settlement, some accident victims experience delayed symptoms of their injuries that require further medical treatments.

Can you reopen a personal injury case and seek further reimbursement for your losses if this situation happens to you?

Below, one of our personal injury lawyers at Aiello, Harris, Abate, Law Group PC, in Watchung, NJ, explains what you should expect after reaching a legal settlement agreement.

Can You Reopen a Case?

Before settlement, negotiations can continue for as long as necessary. Sometimes, this process may end in a trial. Other times, it may end in a compromise that satisfies both parties.

However, after settlement, it is not possible to reopen a personal injury case in New Jersey. Once you sign and submit a Release of Liability form to the court, you have very few options to pursue further compensation.

Exceptions and Workarounds

One way to keep a personal injury claim open is by refusing to sign the Release of Liability form. 

Reopening a claim may be possible if the court discovered that the liable party engaged in fraudulent practices that impacted the terms or processes of the settlement. However, proving fraud without significant evidence and an attorney would be a long shot.

In some cases, a claim could possibly reopen if the liable party did not pay the agreed-upon restitution to the victim. 

Why You Should Wait To Negotiate a Settlement

If you worry that you might accumulate more expenses in medical treatments or accident-related losses, you don’t need to start negotiations right away.

In New Jersey, you have two years from the date of your accident to file a personal injury claim. This period allows you to calculate your total losses and bring an accurate number to the negotiation table.

Many attorneys recommend waiting until you reach your maximum medical improvement (MMI) before negotiating or accepting settlements. MMI means achieving full (or near-full) recovery from your injuries. Waiting until you reach MMI before negotiating a settlement will help you determine if you will need to pay more in future expenses.

Filing a Release of Liability

A Release of Liability form states that all parties agree to the settlement’s terms. It prevents the plaintiff from pursuing further legal action after collecting compensation. 

Usually, this contract allows the liable party not to admit fault on the record, even if they pay the victim the total amount of compensation they seek. It also may include the release of future liability claims.

While this document may seem like a roadblock for injured persons seeking to reopen their cases, it protects responsible parties from limitless financial obligations. 

Avoid signing a release of liability without first consulting your attorney. It may be appropriate to keep your claim open longer so you can pursue the highest judgment for your losses.

Collecting Compensation With the Assistance of a Personal Injury Attorney

Remember that you have other paths toward reimbursement after an accident. Hire an attorney to help you file personal injury claims with relevant insurance companies or the Division of Workers’ Compensation. They will communicate on your behalf, so you’ll avoid self-incrimination during third-party investigations.

Your personal injury lawyers will collect evidence on your behalf. This way, you can approach insurance companies, settlement negotiations, or jury trials with proof of your losses. Having significant evidence is the best way to pursue the highest compensation possible since you won’t be able to reopen a case in the future.

An attorney can also help you calculate your losses, including potential future expenses that may contribute to your total payout. Many injured persons don’t realize they can include non-economic damages in their settlements, such as pain and suffering. A personal injury lawyer can help you stay confident about your legal strategy by reviewing all the options.

Call a Trustworthy Lawyer Today

Why wait if you’re ready to partner with a law firm you can trust? At Aiello, Harris, Abate, Law Group PC, we make it easy to find a personal injury attorney whenever you need one. Our team works tirelessly to ensure that clients have all the resources they need when pursuing compensation.

When you seek justice for your losses, knowing when to hire a personal injury attorney is just the first step.

Can you reopen a personal injury case? Not usually, but a personal injury attorney can advise you of the optimal time to pursue compensation. Call one of our lawyers at Aiello, Harris, Abate, Law Group PC, in Watchung, NJ, at (908) 561-5577 for a free attorney consultation.

How Long Do Personal Injury Cases Take To Settle in New Jersey?

Pursuing a personal injury lawsuit may be appropriate if you sustain injuries in an automobile or workplace accident. While many plaintiffs manage to collect compensation from liable parties before a jury trial is necessary, the negotiation process can be lengthy.

So, how long do personal injury cases take to settle in New Jersey?

The answer isn’t as straightforward as you might expect. Below, an experienced personal injury attorney from Aiello, Harris, Abate, Law Group PC, in Watchung, NJ, discusses factors that impact the length of a lawsuit. Consider the following information, then schedule a consultation at a reputable law firm. 

When To Seek Litigation

It is essential to seek restitution for your damages if you experience long-term pain from a physical condition that requires extensive medical treatments. Still, you’ll need to complete a few steps before you can even start filing a lawsuit against responsible parties.

First, you must report your accident to relevant insurance companies or employers. 

Suppose you sustained injuries in a car crash. New Jersey is a no-fault state, meaning you don’t need to prove responsibility to qualify for compensation. However, some insurance providers may not pay out the total amount you seek if they suspect you were partly responsible for the accident.

Communications between you and your insurance company could take several days or weeks to conclude. Insurance agents may also need more time to complete an investigation.

If you still have hundreds or thousands of dollars in lost wages, medical bills, or other related expenses after your insurance company makes an offer, it may be time to start the litigation process.

Deadlines for Filing a Personal Injury Lawsuit

In New Jersey, you have two years to file a personal injury lawsuit against the responsible person/persons. However, many people save time by calculating losses and collecting evidence immediately after an accident. 

Factors That Contribute to Settlement Length

If you decide to pursue legal action against liable parties, you will meet with their lawyer to discuss settlement terms. Sometimes, a settlement could take just a couple of weeks to reach. Other times, it might take months or even years. 

Several factors contribute to the length of the settlement process:

  • The quantity and quality of evidence you collect
  • The amount of money you seek
  • The number of parties involved
  • The quality of your personal injury lawyer

Reaching an Early Settlement 

How long do personal injury cases take to settle if you have significant evidence?

If you collect convincing evidence that proves the opposing party caused your accident, you might reach an early settlement agreement within a couple of weeks. 

Often, these cases involve smaller demands for compensation (i.e., medical bills for injuries that do not require long-term treatment). Still, some severe accident cases are so cut and dry that you may be able to reach an agreement for a larger restitution quickly.

Although negotiations may end within a couple of weeks, filing Release of Liability forms and collecting compensation could take an additional one or two months.

Longer Negotiations

Prolonged negotiations occur for several reasons. 

Sometimes, an accident victim collects evidence that the defending party can challenge. For example, the other party might dispute the victim’s interpretation of photos that led up to the accident.

Settlements may also go on for months if the defending party challenges the amount of money the victim seeks. If an injured person presents medical bills or reports that show losses, a defending party may argue that some of the expenses are not relevant to the accident.

Long settlements can take more than a year to conclude, depending on the type of accident and monetary demands. If negotiations break down, a personal injury attorney may recommend a trial.

In this situation, the process could take longer and require more resources. Still, legal scholars suggest that over 90% of personal injury cases end in favor of the party that initiated the trial.

Hiring a Lawyer Speeds Up the Process

Hiring a lawyer helps you streamline your personal injury claim, settlement negotiations, and other essential responsibilities for your lawsuit. It’s wise to partner with a reputable attorney before approaching liable parties. This will make you more confident about your legal strategy.

Speak to an Attorney Today

At Aiello, Harris, Abate, Law Group PC, we represent hundreds of clients in personal injury lawsuits. See how hiring our team can help you understand personal injury settlement payouts and more. 

If you’re wondering how long personal injury cases take to settle, call us at (908) 561-5577 for a free attorney consultation. Our firm is proud to represent clients in and around Watchung, NJ.

4 Important Elements of a Personal Injury Claim

If you sustained injuries because of someone else’s actions, you need to know the four elements of a personal injury claim. Understanding how personal injury claims work ensures that you navigate the process efficiently, minimizing any further stress. Personal injuries can affect either your mental or physical well-being or a combination of the two. 

Whether you noticed your injury immediately or over time, you have a right to file a personal injury claim. Call personal injury attorneys at Aiello, Harris, Abate at (908) 561-5577 to schedule a free attorney consultation with us today. We can guide you through the claim process and explain the important elements of your claim to help you seek compensation from the negligent party. 

Keep reading to learn the important parts of any personal injury claim.

#1 The Existence of a Duty of Care

Everyone should conduct themselves in a way that minimizes risks to themselves and others. This is called the duty of reasonable care, and it applies to most situations in your daily life. For example, anyone operating a motor vehicle must apply reasonable care while driving to minimize the potential risk of traffic accidents. 

When you prepare for a personal injury lawsuit, you must show that the other party was responsible. For example, a shop owner has a duty to ensure their business remains safe for visitors. Customers shouldn’t sustain injuries while visiting the store. Once you identify the duty of reasonable care, you move on to the second element.  

#2 The Negligence in Breach of That Duty

Where and how did the other party fail to demonstrate their duty? When you pinpoint these specifics, you can satisfy the second element of a personal injury claim. For example, a person who drives recklessly at unlawful speeds might collide with your vehicle and leave you with back and neck pain. As the injured party, you can identify that:

  1. This driver had the responsibility to drive within the lawful speed limit. (Driving the speed limit is the duty of reasonable care.)
  2. Since the driver drove recklessly at high speeds, they breached their duty of reasonable care. 

Sometimes, a court will rule that your actions contributed partially to your injury. This plays an important role in the next two elements of a personal injury claim.

#3 The Cause for the Claim

Next, you need to prove causation for your claim. If the breach or neglect of reasonable care didn’t cause your injury alone, you must prove that it still contributed. Any negligence or breach found on your part will negatively impact your case. 

You must specifically prove that the other party’s negligence alone caused your injuries. Their negligence must play a much bigger part in the property damage or personal injury than any fault of yours.

For example, if your accident incurred $20,000 worth of damage to your car, the court could find you 25% at fault. In that case, you would only receive $15,000 because of a 25% deduction from your initial damages. 

#4 The Damages Incurred

What was the extent of your damage? If you didn’t suffer an injury and your property remained intact, you don’t have a claim. You must pinpoint each part of the damage and how it affected your quality of life or well-being. A few basic types of damage that justify a personal injury claim include:

  • Lost income: How much time did you miss at work? How much does that cost in lost wages?
  • Disability: Did the accident leave you disabled? Has a doctor identified your disability?
  • Medical bills: How much will you pay for medical costs because of the accident? 
  • Pain and suffering: How did the accident affect your overall health, including emotional and mental health?

Courts use many other factors to determine negligence for a personal injury claim. Some factors include time limits or statutes of limitations. When you hire a personal injury lawyer, they can help you navigate all elements of a personal injury claim and other specifics.

Consult with an Attorney About Your Personal Injury Claim

At Aiello, Harris, Abate, Law Group PC, we have assisted accident victims in New Jersey since 1955. Our lawyers have years of experience with the elements of personal injury claims and can handle complex litigation and negotiations with insurance companies, so you can rely on us to support you with the claim process as you focus on your recovery.

If you need to file a personal injury claim in New Jersey, call us today at (908) 561-5577 for your free attorney consultation.

When to Hire a Personal Injury Lawyer in New Jersey: Five Signs

Accidents in New Jersey can happen anytime, leading to serious consequences, such as injury, loss of work, medical expenses, and even loss of life. After an accident, some people file personal injury cases to fight for compensation for damages. Hiring a personal injury attorney to settle a claim is not required, but it’s often helpful to have an experienced personal injury lawyer to help in these cases.

Knowing when to hire a personal injury lawyer is something many people struggle with, but the law firm of Aiello, Harris, Abate, Law Group PC can help. We have over 60 years of experience representing injured clients after life-altering events. 

Below are six signs that you should consider consulting personal injury lawyers.

1. You Receive Severe Injury or Permanent Disability

If an accident causes severe injuries, illness, or wrongful death, you should contact an experienced personal injury lawyer. It can be challenging to concentrate on a lawsuit when you need time to recover and heal from your injuries. Unfortunately, people with serious injuries also have income loss, high medical expenses, rehabilitation, and disability. 

A lawyer’s legal knowledge can help you fight to recover the losses you experience after a life-altering incident. Attorneys can provide advice and information based on New Jersey’s personal injury laws and advocate for your compensation. 

2. Overwhelming Stress From the Claims Process

Sometimes, people don’t know when to hire a personal injury lawyer, so they attempt to settle their cases alone. Though you could try to work your cases without the assistance of a knowledgeable attorney, the claims process may be too difficult and stressful to handle without help. 

You can seek legal counsel if you decide that the case is too technical, has too much complex paperwork, or involves unhelpful insurance companies. You can also contact a lawyer if your condition worsens and you can no longer devote time to your case. Your legal team will handle your case’s legalities from start to finish while you recover.

3. Not Understanding What Your Personal Injury Claim Is Worth

Personal injuries don’t have to result in debilitating injuries to have value. You may be entitled to compensation for damages like medical expenses and lost wages. However, you will not know your claim’s worth without the experience of a personal injury lawyer who can analyze your case, investigate facts, and determine liability. 

Skilled, experienced personal injury attorneys can do more than determine a case’s value. They can also negotiate fair settlements and argue points at trial if the involved partners don’t agree to a settlement. 

4. Uncertainty of Who’s Liable for Your Accident

Accidents don’t always provide a clear indicator of who is responsible. In those cases, the other party may attempt to pass the blame to the injured person. However, a personal injury attorney fights to protect their client’s rights and presents counterarguments to the opposing party’s legal team.

If there’s no clear indicator of who is liable for your accident, you should work with an attorney instead of attempting to settle the case alone. Experienced attorneys understand how personal injury liability in New Jersey works and how to gather evidence and make a convincing argument to establish liability while pursuing compensation for your damages. 

5. Stubborn Insurance Companies

Insurance companies aim to make a profit, so they often look for ways to deny personal injury claims. If you go through the necessary legal channels to settle your claim with the insurance agency, they may reject the settlement or pay an amount lower than what you deem fair. 

Insurance companies are more likely to listen to personal injury attorneys than clients. While you may not be savvy in personal injury law, insurance companies have ample experience dealing with experienced attorneys who know the law, what qualifies as a fair settlement, and how to present facts to prove liability and negligence. Having an attorney on your side makes fighting for damages and compensation easier.

Contact Our Law Firm Today for Your NJ Personal Injury Case

After a car accident, slip-and-fall case, wrongful death, or another incident resulting in personal injuries, reach out to one of the 16 experienced attorneys at Aiello, Harris, Abate, Law Group PC We can help you determine when to hire a personal injury lawyer and guide you through the complex legal landscape surrounding New Jersey personal injury law. 

Our attorneys have a positive track record for helping clients in personal injury and criminal defense cases. Call (908) 561-5577 to schedule a free consultation or hire our personal injury firm for your case.

How Are Personal Injury Settlements Paid Out in New Jersey?

People who suffer from personal injury issues in Bergen County, New Jersey, may not have the means to cover their medical expenses. Those pursuing legal action do not always have the out-of-pocket funds or medical insurance needed to pay. Additionally, the person or group found guilty of causing the injuries cannot have their insurance pay medical bills as they occur.

So, how are personal injury settlements paid out? Can you still receive medical care? Yes, and experienced personal injury lawyers in New Jersey can help you find a workaround. 

The attorneys at Aiello, Harris, Abate, Law Group PC have over 30 years of experience with personal injury cases. Our knowledge helps us tackle various types of personal injury cases. We know ways to help you receive your necessary medical treatment without worry.

Why Insurance Companies Do Not Pay Immediately

Most insurance companies will not pay medical expenses before the courts find their client guilty. Despite the severity of a personal injury or wrongful death, they want to avoid paying before receiving proof of fault. Moreover, they do not want to pay for medical bills on top of legal costs if they defend against the lawsuit.

Also, most insurance companies prefer making lump payments to a claim rather than fulfilling several payments. As such, they tend to wait until receiving a letter of demand, then settle the issue with a single payment.

Possible Ways to Pay or Hold Medical Bills

We do not believe injury victims should hold back from receiving medical treatment because they cannot afford it. There are various ways to work around not having the funds to pay medical providers.

You should notify hospitals, doctors, and other medical facilities if you cannot pay for the treatment you are receiving. Also, inform them if you do not have the insurance coverage to cover those bills. Many providers understand the severity of a case and are willing to wait for payment. 

They may require you to sign a lien or subrogation form if they agree to wait. This form allows your attorney to withhold funds from your insurance settlement. Once the settlement has gone through, you can use those funds to pay for the medical bills accrued during treatment.

Remember auto insurance coverage and any Personal Injury Protection (PIP) you may have after an auto-related accident. Your PIP pays if you or someone else under your policy sustains injuries from an auto accident. This “no-fault” coverage activates and pays medical costs no matter who caused the accident.

Which Health Insurance Plans Require Reimbursement?

We must not forget to consider reimbursements. If you signed a lien, you must pay them out of the settlement before you receive the net amount. Additionally, attorneys must resolve claims against your settlement before you can receive the remaining funds.

Some health insurance plans will demand reimbursement as well. However, a statute in New Jersey prohibits straight medical insurance plans from imposing liens or asserting reimbursement rights. An attorney can help determine which health plans should receive reimbursement. 

In other cases, the law requires you to repay them. ERISA-based self-funded health plans, Medicare, and Medicaid each require repayment for funds used for your health care. Refusal to pay these plans back may put you in legal trouble.

The self-funded plans tend to be easier to pay back. Medicare or Medicaid can be tricky, as communication with them tends to run slowly. You need an attorney from a dedicated law firm to continue communication attempts and settle your case as quickly as possible.

The Necessity of an Experienced Attorney

The fact you have to ask, “how are personal injury settlements paid out” indicates how complicated this process can be. Moreover, technical language often hinders the process of healing from an injury or the wrongful death of a loved one.

An experienced New Jersey personal injury attorney can explain liens before you sign them. Our goal is to help you receive as much money as possible at the end of your case. We can also determine who is truly due reimbursement after settlement based on claims, liens, and insurance. 

Call Our Personal Injury Attorneys for Help

Our attorneys maintain a person-first policy that works in your best interest. We ensure you receive clear answers when asking, “how are personal injury settlements paid out?” helping you understand what to expect, like potential verdicts and settlement amounts. 

Call Aiello, Harris, Abate, Law Group PC at (908) 561-5577 for a free consultation at our New Jersey law offices.

Injured In Woodbridge? What Should I Tell My Personal Injury Attorney?

When you meet with your Woodbridge personal injury attorney, you discuss many subjects. We want you to tell us about how your accident happened, the injuries you sustained, and how you are coping each day. Our experienced NJ lawyers want to hear about the expenses you incurred because of the accident and the money you lost because you could not work. We also answer your questions about the process for filing a personal injury claim, attorney’s fees, and recovering compensation for your losses.

There are certain things that you might not think are important to tell our Woodbridge attorneys during your initial consultation. However, some of this information can have a substantial impact on your personal injury case and your ability to recover full compensation for your damages, injuries, and losses.

Six Things We Want You to Tell Us Now

If any of the situations below apply to you, we want you to tell us as early in your case as possible.

  • Treatment for Prior Injuries or Accidents
    The fact that you were injured or were involved in a prior accident does not mean you cannot receive compensation for the current claim.  However, the insurance company for the other party may try to use this information to deny your claim or undervalue your claim. It is better to tell your attorney so that he can face the argument head-on instead of being blindsided by the other side.
  • Divorce or Separation
    If you are separated or in the middle of a divorce action, tell your lawyer in Woodbridge NJ. Your spouse could claim a portion of your settlement or be called as a witness. An angry spouse may not be who you want in court testifying for the other side.
  • Unreported Income
    A substantial portion of your settlement could be reimbursement for lost income. If you have unreported income, you could receive less money for your claim. You need to discuss issues related to unreported income with your attorney as early as possible in the claims process.
  • Bankruptcy Case
    A pending bankruptcy case can impact your personal injury claim. Some funds may not be exempt from bankruptcy proceedings. If you decide you need to file bankruptcy before your claim is settled, tell your injury lawyer before filing.
  • Criminal History
    A criminal record does not prevent you from filing a personal injury lawsuit nor recovering money for a personal injury claim. However, a criminal record could impact your claim if the case goes to trial. As with prior accidents, it is best to tell your attorney now, so he does not hear about it for the first time during the trial.
  • Medicaid or Medicare Coverage
    If your Medicaid or Medicare coverage pays any medical expenses related to the accident, the agency could place a lien on your settlement proceeds. You want to address this matter early in your case instead of receiving notice after the case is closed that you owe thousands of dollars to the government.

Do You Need a Personal Injury Attorney?

If you have been injured in an accident, you need a team of legal professionals on your side to fight for your legal rights. Our Woodbridge personal injury law firm handles a large variety of cases involving injuries.

For a free consultation with a car accident attorney in Woodbridge NJ, contact Aiello, Harris, Abate, Law Group PC at (908) 561-5577. We are here to help you when you need the support and guidance of a compassionate, experienced NJ lawyer.

Did you know?

Fatalities in car crashes are tragic and often unnecessary. Driver error is often the main contributing factor in many fatal accidents. At the end of 2017, two people lost their lives and six people were injured in a multiple-car crash on Route 440 in Edison Township. The seven-car accident took place on SR 440 near Woodbridge Avenue.  While the crash was being investigated and cleared, several lanes were closed causing slowdowns on the New Jersey Turnpike and SR 287 and 440.

According to the most recent data available, there were seven fatal car crashes in Woodbridge during 2014 that took the lives of eight people. Five of the seven car crashes took place during the fall months from September through December. Three of the accidents occurred on the Garden State Parkway in New Jersey, resulting in four of the fatalities. The other locations of fatal accidents in Woodbridge included:

  • State Route 440
  • New Dover Road between Harrow Drive and Walnut Lane
  • State Route 27 (Dow Avenue and Lincoln Highway)
  • I-95 (just before Port Reading Avenue)

South Amboy Parking Lot Accident Jan 2018

According to a news report to the Woodbridge Patch, a father from Old Bridge died in a parking lot accident in South Amboy. The man was picking up his child from the South Amboy YMCA’s after-school program when a vehicle struck him. The man was putting his child into their vehicle at the front of the YMCA when another vehicle ran into them. A representative for the Metuchen, Edison, Woodbridge and South Amboy YMCA confirmed that the man died because of the accident.

After the accident, the victim was airlifted to the Robert Wood Johnson University Hospital in New Brunswick. The Middlesex County Prosecutor’s Office confirmed that he was pronounced dead at the hospital. His daughter suffered injuries, but those injuries were not life-threatening.

The exact cause of the parking lot accident was not known at the time of the news report. The Mayor of South Amboy speculated that the driver of the vehicle might have lost control if his brakes failed on the steep hill that leads to the YMCA. However, the County Prosecutor’s office said the information was premature and unconfirmed. The Middlesex County Prosecutor’s Office and the South Amboy Police Department continue to investigate the cause of the accident.

Parking Lot Accidents in the United States

It is estimated that more than 50,000 parking lot accidents occur each year in this country. These accidents result in more than 60,000 injuries and 500 deaths each year. When we think about a pedestrian accident, we tend to imagine accidents that take place when pedestrians are crossing the road or walking beside a road.  However, it is important for drivers and pedestrians to remember that parking lot accidents can be very dangerous for pedestrians.

Tips for Avoiding Parking Lot Accidents

Drivers should remember to:

  • Slow down – Speeding through a parking lot increases the risk of an accident.
  • Avoid distractions —  One of the most common causes of parking lot accidents is distracted driving.
  • Look and look again — Before backing of a parking space, look behind your vehicle, check all mirrors, and turn your head again to ensure there are no pedestrians in your path.
  • Use turn signals — Pedestrians and other drivers cannot read your mind. Use signals to indicate when you intend to park or turn in a parking lot.

Pedestrians should remember to:

  • Avoid distractions — You also need to avoid distracted walking. Do not use your telephone or another electronic device while walking.
  • Look and look again — You must also be very aware of your surroundings and watch for drivers who may not be looking for you.
  • Turn on a light — If you are walking through the lot at night, turn on a flashlight app on your phone to make yourself more visible to drivers.

Drivers and passengers should be careful in all parking lots. However, if you are in a high traffic parking lot like the Woodbridge Center parking lot or lots where children may be present, such as the Fords Park parking lots, be extra cautious.

Hire a Woodbridge Personal Injury Attorney for Help

If you have been injured in a traffic accident in South Amboy area or Middlesex County, please contact the award winning personal injury lawyers at our Woodbridge, NJ office by calling (908) 561-5577 or use our online contact form to request a free consultation with an attorney at Aiello, Harris, Abate Law Firm.

From our office in Woodbridge, we assist clients throughout Middlesex County, including the residents of South Amboy.

Source: Victim Killed Buckling Child In Car In South Amboy YMCA Crash.” Carly Baldwin. Woodbridge Patch. 30 January 2018.


Driver Pleads Guilty to DUI in Middlesex County Truck Accident

In September 2017, a commercial truck driver under the influence of alcohol crashed into a Hyundai Sonata in the south bound lanes of Route 440 in Perth Amboy. When the large truck rear-ended the Hyundai, the truck jackknifed and hit two other vehicles pushing the SUV into another vehicle.  The truck accident killed one person and injured others.

The driver of the Hyundai Sonata was transported to Raritan Bay Medical Center. He was pronounced dead after reaching the hospital in Perth Amboy according to the Middlesex County Prosecutor. The truck driver and other drivers were also transported to the hospital for treatment of minor injuries.

The truck driver was formally charged with three counts of assault by auto, one count of death by auto, and driving under the influence of controlled substances. The driver has pleaded guilty and is expected to serve seven years in prison for the charges. The sentencing hearing is scheduled for May 18, 2018, in the Criminal Division of the Middlesex County Superior Court located on Paterson Street in New Brunswick.

Drugged Driving is as Dangerous as Drunk Driving

Driving while impaired by any mind-altering substance is illegal under New Jersey traffic laws. Prescription drugs, illegal controlled substances, and over-the-counter medications can impair a driver’s ability to drive a motor vehicle safely. Therefore, any of these drugs can result in drugged driving.

Drugged driving is just as dangerous as driving under the influence of alcohol because drugs can impair the driver’s balance, coordination, reasoning, perception, and reaction time. When a driver is under the influence of drugs, the driver’s hand-eye coordination is reduced, and his ability to focus and pay attention to the road is impaired. Therefore, a drugged driver is at a higher risk of being involved in an accident. The driver is a danger to himself and all others on the road.

Who is Liable for a Drugged Driving Truck Accident?

Law enforcement officials throughout Woodbridge and Middlesex County aggressively enforce drugged driving laws. As mentioned above, drugged driving is illegal. The truck driver in the accident above was charged with and plead guilty to driving under the influence of controlled substances. However, this is a criminal charge. To hold the truck driver liable for personal injury damages, the accident victims must file a civil case against the driver.
Unfortunately, most truck drivers do not have substantial assets to pay a large personal injury claim. Therefore, you need to identify other parties who might be liable for the accident in addition to the truck driver. For example, trucking companies are required to conduct random testing for controlled substances for their drivers. If a company fails to conduct tests in accordance with FMCSA regulations, the company might be liable for damages if its driver causes an accident.

Have You Been Injured in a Truck Accident?
Call a Woodbridge Truck Accident Lawyer?

An experienced Woodbridge truck accident attorney understands how to investigate commercial truck accidents to identify liable parties. Large truck accidents are complex. You need an attorney with experience handling these types of claims to protect your interests.

If you have been injured in a big rig accident, we want to help. Call Aiello, Harris, Abate, Law Group PC at (908) 561-5577 or use our online contact form to request your free consultation with an accident attorney in  Middlesex County.

Our law firm has an office in Woodbridge that serves all of Middlesex County, including Perth Amboy.

Source: “Truck driver cuts plea deal in fatal crash on Route 440.” Craig McCarthy. NJ Advance Media. 08 February 2018.