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For almost 20 years the law firm of Puff & Cockerill LLC has been helping people injured in automobile accidents, slip and fall accidents, dog bites, and other personal injury incidents. The effects of an injury upon one's life can be far-reaching and devastating. Legal representation will start you on the path toward minimizing any impact on your life and compensating you for the injuries, pain and suffering, and other losses related to such incidents. The following are guidelines and general information concerning how you should proceed in the event you are injured and what our office can do to assist you. If you have suffered a personal injury, please contact us if you need further information.
One of the most frequent events that cause personal injuries is the automobile accident. Such accidents can not only cause serious injury, but also can have a significant impact on a person's life in many other ways. The follow is general information on how to proceed if you are involved in an automobile accident.
A. GO TO THE EMERGENCY ROOM OR SEE A DOCTOR. The most important issue that should be on your mind is whether or not you have been injured in the accident. At times you may feel fine, but in fact, you have sustained a serious injury. Often people do not feel the effects of an accident until later in the day or even the next day. Your health should be your first concern. Get to a hospital or a doctor and get checked out. B. GET A COPY OF THE POLICE REPORT. It is important to obtain a copy of the police report as soon as possible. Review it and make sure the information contained in the report is accurate. Your attorney, your insurance company and the other parties in the case rely heavily upon this report. If there are inaccuracies in the report, let your attorney know immediately. C. LOCATE THE DECLARATION SHEET OF YOUR AUTOMOBILE INSURANCE POLICY. The "Dec" sheet of your automobile policy sets forth the coverage you have in connection with the accident. It will tell you the limits of your liability coverage (coverage available to you to pay any claims made by other individuals), your uninsured motorist coverage (coverage for you in the event the other driver was not insured), your underinsured motorist coverage (coverage for you in excess of the coverage the other driver had), collision and comprehensive coverage (coverage for damage to your vehicle and personal property) and your personal injury protection (PIP) coverage (coverage for medical bills, lost wages, essential services, funeral bills, and death benefits). Your lawyer will want to review this sheet during your initial consultation. D. TAKE PHOTOGRAPHS. You should take photographs of several things as soon as possible after the accident. You want to take photos of your vehicle, the other vehicle if possible, any injuries you sustained, the area where the accident occurred, and anything else you feel is important to the case. Do not take 1 or 2 photos. Take a whole roll of each item. At times the photos don't come out right, or the angle at which the picture was taken doesn't give the person a good view. Be safe and thorough. Take many photos, at different angles, distances and lighting. E. GET THE NAMES, ADDRESSES AND PHONE NUMBERS OF WITNESSES. Accidents are often witnessed by people who happen to be in the area. At times the officers fail to get their names and addresses. You should make an effort to get the names, addresses and phone numbers of any witnesses. When how an accident occurred is in dispute, it is the independent witness who can best serve you in solving the issue. Your attorney will want to contact all witnesses as soon as possible after the accident. F. CALL YOUR ATTORNEY AND MEET WITH HIM IMMEDIATELY. It is important to get sound legal advice immediately after you have been involved in an accident. Often the decisions made early in the case can have a very significant impact on how things will play out in the future. Your attorney will want to see the police report, any medical records you have, any photos you have taken, any damage estimates for your vehicle, the dec sheet for your insurance and any other documents you may have. Your attorney will be able to instruct you on all the steps necessary to preserve your rights.
Our office strongly recommends that you be very careful when dealing with insurance companies. Insurance companies do not make millions of dollars every year by freely giving out money. They are in the business of insuring people, but more importantly, you should understand that they are in the business of making money. Insurance companies understand that after an accident a person is very vulnerable. They will use this to their advantage and attempt to gain any edge possible. Our office advises that you should not talk to the other party's insurance carrier until you have spoken with a lawyer. You should contact an attorney experienced in dealing with insurance companies to represent your interests. Most insurance policies require that you notify your own insurance company of an accident. When possible, you should seek legal counsel before contacting the insurance company. We would strongly recommend that you do not give any statements or detailed information to even your own insurance carrier without the advice of counsel. Remember, in some cases, such as when the other party is uninsured or underinsured, your own insurance carrier is in fact your adversary. Do not underestimate the power of an insurance company to take advantage of a difficult situation. Seek legal counsel immediately.
All policies written in the State of New Jersey on private passenger automobiles contain provisions for medical coverage under the personal injury protection (PIP) section of the policy. Some commercial policies contain PIP depending on the coverage purchased. Most motorcycle policies do not include PIP. In addition, most anyone involved in an accident in the state of New Jersey is deemed to have the full PIP coverage as dictated by the New Jersey PIP statute. For most people in the State of New Jersey medical bills are paid through the PIP portion of the policy, subject to certain deductibles and co-pays. The most common is a $250.00 deductible and a 20% co-pay up to the first $5,000.00 in medical bills. All bills above $5,000.00, up to a limit of usually $250,000.00 are covered at 100%. You should bring your declaration sheet with you to your initial consultation so that your attorney can review your coverage situation. As far as other states laws, each state has different laws concerning what must be included in a policy of automobile insurance written in their state. You should, again, bring your policy to your attorney for a full review of the coverage available to you.
Many states have passed legislation that limits the ability of individuals to sue for pain and suffering, depending on the option chosen on their insurance. The insurance companies promise lower premiums in exchange for limitations on the ability to bring suit. In New Jersey, the statute requires a person who has the verbal threshold option to prove that his or her injury fits into several categories of injuries, including a fracture, significant disfigurement, death, loss of limb or body part or other significant injuries. Furthermore, the statute requires proof that the injuries have caused a substantial impact on the person's life. These are complex issues that require the advice of any attorney. Our firm suggests that you should seek legal counsel, not only after an accident has occurred, but prior to purchasing or renewing your insurance. The decisions you make with respect to your insurance policy are extremely important in the how you will be effected should an accident occur in the future. Numerous people are injured every year in what are commonly called "slip and fall" accidents. These incidents can result in severe injuries, with lasting consequences. The mere fact that you fell at a business or someone's home does not mean you are entitled to compensation. As in all civil negligence cases, the plaintiff must show that the business or property owner was "negligent" in that they were careless or unreasonable, thereby causing your injury. Did the owner leave a slippery substance on the floor? Did they fail to warn of a hazardous condition? Was there a dangerous condition that existed which the owner failed to repair? These are the standard issues that must be addressed in these types of cases. The same type of advise goes for slip and fall cases. Your first concern is your health. See a doctor or go to the emergency room to address any injuries you may have sustained. In slip and fall cases, the importance of eyewitnesses and photos of the area where the incident took place can not be understated. Often these cases boil down to a credibility contest between the person injured and the owner of the property. It is simply essential that you or someone on your behalf obtain the names and addresses of anyone who witnessed the incident. Just as important is the need for photos of the area in question. The litigation of any negligence case often takes place over many years time. It is important to have photos of the defective condition, as soon after the incident as possible. It is these photos that will document the accident scene and often make your case. Again, don't talk to the other party's insurance carrier and get legal advise as soon as possible.
New Jersey has set up a strong mechanism for persons who have been bitten by a dog or any animal to seek redress for their injuries. Pursuant to statute, N.J.S.A. 4:19-16 et seq., the owner of a dog is liable to anyone the dog bites, regardless of the dog's past history of biting people or not biting people, so long as the victim was legally on the premises where the bite occurred and did not actively provoke the dog. The statute does not require a plaintiff to prove that the dog had been vicious in the past or had bitten someone before. One bite is all that is necessary to impose liability. There are several steps that one should take if bitten by a dog. First of all, notify the police immediately and request the involvement of the local animal warden. The police or the warden will require that the animal be quarantined for a period of time. They will also take care of obtaining the information concerning the owner of the dog, report the facts concerning how the incident happened and document the injuries sustained. This will make the processing of your claim much easier later on. It is your call as to whether to sign criminal charges or not. Often this will depend on your relationship to the dog's owner or the facts behind how the incident took place. If you feel the dog is a danger to the public, do not hesitate to sign the complaint and let the local court handle the matter. As with accident or incident, seek medical attention. Dog bite wounds may seem minor at first, but the risk of infection or more serious disease is great. Don't take any chances. See a doctor. If the dog owner owns his home or has renter insurance, your incident will likely be covered by homeowners insurance. Many policies include a "med pay" provision that provides coverage for medical bills incurred regardless of whether or not the policy owner was negligent. Gather your bills and give them to your attorney for submission under this policy provision. Again, photos are invaluable. You or someone on your behalf should get photos of the dog and photos of the wounds in question. Pictures of a large, vicious dog and the open wounds you sustained as a result of the dog's bite are necessary in bringing home to the jury the seriousness of the incident that occurred. Locate your witnesses, document your case and see your attorney early on for legal advise. As with virtually all incidents where people are injured, the law provides a mechanism for compensating victims of criminal attacks. There are several avenues for people who have suffered such attacks to seek redress. First, victims of crimes can seek redress through the criminal justice system. This is referred to as restitution. The prosecutor handling the criminal case for the State will likely contact you for information concerning what occurred. He will need you to be a witness against the defendant. He will also want to know whether you have suffered damages as a result of the incident. Maybe you missed time from work, incurred medical bills or suffered other damage. Give this to the prosecutor, who will present these damages to the court in the event the defendant is found guilty. Another avenue of redress is through a program set up by the state called the Victims of Violent Crimes Compensation Board. All persons convicted of crimes or disorderly persons offenses in the State of New Jersey pay a fee to this board, which goes towards compensating victims of violent crimes, mainly for lost wages or medical bills. All police departments and many lawyers, including our office, will have the appropriate forms to fill out to seek compensation through this board. Fill out the forms and have your attorney assist you in filing them with the board. Lastly, a person who has been the victim of a criminal attack may sue the attacker in the civil courts to seek compensation. Such an action would include compensation for lost wages, medical bills and pain and suffering. Additionally, since your claim would be for an intentional act by the defendant, it is likely that you would be entitled to punitive damages as well. Punitive damages are money damages that are designed to punish the defendant for intentionally inflicting harm upon another. The law provides numerous ways to seek compensation for those who suffer injury at the hand of a criminal. See your lawyer and protect your rights. There are important steps to take early in any personal injury case:
The information set forth above constitutes general answers to certain questions pertaining to New Jersey personal injury law and is not intended or designed to replace the advice of an attorney after a careful review of the individual facts of your case. Please read our site wide legal disclosure.
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