The first thing a person should do after getting into a motorcycle accident is to receive the appropriate medical care. Once they get appropriate medical care, they should consult with an attorney so that their rights are protected. A lawyer wants to make sure that any evidence is preserved that can be a preserved, that any questions that a person has are answered, and that the individual has a good understanding of their rights.
Insurance is complicated, the claim’s process is complicated, and most people who have never been involved in an accident have no experience as to what to do. That is why it is important that an individual contact a Camden County motorcycle accident lawyer who has experience in dealing with such a case.
Filing a Claim
An individual will need a few different documents when beginning to file a claim. A person should have items such as:
- A police report, if one exists
- Photographs of the vehicles involved
- Documents involving any insurance involved
- Any sort of documents regarding wages or out-of-pocket expenses or receipts
A knowledgeable motorcycle accident attorney in Camden County can help an individual gather these documents when beginning to process their claim.
Role of Contributory Negligence
Contributory negligence or comparative negligence under New Jersey law is when somebody brings a claim or a lawsuit where they allege that they were injured as a result of another. There is an analysis of whether or not that person who was injured was also at fault or contributed to the accident.
For example, if somebody was in a car accident, the claim on behalf of the injured party is that the other driver failed to stop at a stop sign. Comparative negligence could be where the other driver, or in the case of a lawsuit, a defendant, claims that the person who was injured themselves failed to stop appropriately at a stop sign.
Determining Negligence
Therefore, comparative negligence is assessed. In essence, it is when a jury looks at everybody’s responsibility and whether or not they feel that the plaintiff or the person claiming injury was somewhat responsible. They could find then that the plaintiff was comparatively negligent.
Under the law in New Jersey, if a plaintiff is comparatively negligent, they could be precluded from making a recovery. That means that a jury would decide, based on a review of the facts and evidence, a percentage of responsibility for an accident and that percentage of responsibility needs to equal 100%.
If the jury found that the plaintiff was more than 50% at fault under New Jersey’s comparative negligence law, there would be no recovery for the plaintiff because they are more at fault for the accident than the defendant. A seasoned motorcycle accident lawyer in Camden County can assist an individual in determining their role of negligence in their case.
Compensation for a Loved One’s Injury
A person can receive compensation if their loved one was injured in motorcycle accident. Under the law, there is a claim for a loss of consortium and that is an understanding of the law that a family unit can be damaged when somebody has been injured. So, for example, a spouse has a right to the loss of consortium of their significant other. If the husband or wife is injured and cannot perform their typical responsibilities and duties at the household and a spouse has to pick up those duties and work harder to keep the family intact, that spouse that has been affected of by the injury to their other significant other is entitled to compensation for loss of consortium.
Under the law, if somebody has witnessed a close family member unfortunately in a significant accident, they may be entitled to the emotional distress of witnessing a loved one in an accident and that is another element of compensation for somebody whose loved one was injured.
Damages
The person is entitled to damages for any medical bills that they have sustained, which would be past, present, and future. They are also entitled to damages for lost wages— past, present, and future. They also are entitled to be compensated for any out-of-pocket expenses. They are entitled to damages for pain, suffering, disability, impairment, disfigurement, and loss of enjoyment. These are the types of both economic and non-economic damages that someone may be entitled to if they have been injured in a motorcycle accident as a result of the negligence of another.
Benefit of an Attorney
Anyone involved in a motorcycle accident should consult a Camden County motorcycle accident lawyer who has experience in motorcycle accident law. An attorney should be somebody who has the ability to listen and understand the client’s issues before forming a course of action.
After an accident, an individual should look for a lawyer who cares about their clients, and one that they can trust. An individual should look for a lawyer who communicates with them, who returns phone calls, who answers their questions, and who first understands before trying to be understood. A person should look for a motorcycle accident lawyer in Camden County who not only has experience, not only has resources, but also has integrity.
