What Do Accident Injury Attorneys Charge? While financial compensation is vital following an accident but peace of mind is even more important. Insurance companies will fight your accident case tooth and nail and it can be extremely stressful navigating the legal process and the paperwork. It could take up six months to receive a settlement offer. While you are still recovering from your injuries, you don't need more stress. Car accident fault is not an element if there are serious injuries In an accident involving a vehicle the responsibility of the other driver isn't always a factor. There are a number of factors that determine who pays for the damages. If the driver in the other vehicle was speeding or reversing lanes in violation of the law, he or she may be held responsible. The motor vehicle statutes will determine who is responsible in each instance. An accident attorney will bill you in advance Clients could be charged by accident injury lawyers for filing paperwork, testing evidence or court costs. Certain costs could be non-refundable and others require a small amount upfront. The amount of fees charged will depend upon the state and nature of the case. Some attorneys will require a lump sum at the beginning and the remainder will come out of the final settlement or verdict. It is important to be clear about your expectations when selecting an accident lawyer. In most cases, the upfront fees include expert witnesses, court fees and the cost of obtaining medical information. These fees could also cover costs associated with investigating an auto accident. Some lawyers can offer certain services for a flat cost like drafting a demand letter to the driver who was at fault. Shared fault law in New Jersey Shared fault laws in New Jersey work to establish compensation for negligence-related claims. They give a percentage of blame to each of the parties. While other states have similar laws, they don't specify the exact procedure for determining the fault. Instead, they set the threshold as 50 percent. The shared fault laws in New Jersey apply to both personal injury cases and property damage cases. Damages will be excluded in the event that the other party is more than 50% at fault. The insurance company of the other party will compensate the difference. The amount of compensation you receive will be contingent on how much fault your have. The shared fault laws in New Jersey are a modified version of pure comparative negligence theory. In this type of law, a jury has to decide whether or not the plaintiff is at fault for the incident. If the plaintiff was at fault for at 50 percent of the cause of the accident they can claim 60 percent of the total damages. While accident injury attorney employ pure comparative fault models, New Jersey uses the modified comparative fault model that is somewhere between pure comparative fault and contributory fault. It's an attempt create a balance between the two. A pure comparative fault model is only dependent on one person's fault. A shared fault model is best when multiple people are involved. New Jersey's shared fault law offers many advantages. The court will determine liability and damages according to the proportion of fault between two parties. This will determine the amount of compensation that the injured party should receive. For example the plaintiff could get the sum of a hundred thousand dollars in damages award from an individual who is fifty percent responsible but only fifty percent if sixty percent at blame. Personal injury protection is a requirement in New Jersey. It covers medical costs and out-of-pocket expenses. The insurance coverage doesn't cover any non-economic damages like disfigurement, pain and suffering or emotional distress. Noneconomic damages, such as emotional distress and mental distress, must be pursued against the party at fault.
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