Personal Litigation Services in Englewood Cliffs, NJ

PRACTICE OVERVIEW

NY/NJ Personal Injury Attorneys

With over 15 years of experience as in-house counsel for national insurers in New York and New Jersey, the attorneys at Moon & Associates P.C. are well versed in the general liability defense approach to litigation propounded by insurance companies and their attorneys. We can anticipate the arguments insurance companies will raise to defeat, delay, or reduce your claim. For example, defense attorneys may dispute liability, claim you or another party were also negligent for the accident, or assert that your injuries stem from a pre-existing condition.

Before assisting you to file a claim with the liable party’s insurer, we will thoroughly investigate your accident and interview any witnesses to document the relevant facts. We work closely with your doctors to document your medical concerns and long-term prognosis and care. Where necessary, we will work with financial professionals to document your economic losses, both past and future. As experienced trial lawyers, we will combat and defeat defense tactics and aggressively pursue the maximum compensation in the most efficient manner.

The Essential Dos for Personal Injury Cases

If you’ve been injured as a result of another party’s negligence, you need to act quickly to recover compensation for your medical bills, time missed at work, and other losses you may have suffered through a personal injury claim. Know your rights before speaking with an insurance company about your accident, claim, and injuries.

• Seek counseling immediately

  • An experienced personal injury attorney will guide you before speaking with an insurance adjuster, who may minimize your claim or overlook any aspect of your injuries, and before you provide a recorded statement or sign any documents.

• Watch the clock

  • Your claim must be made before time runs out, or it may be barred.
  • Under New Jersey state law, plaintiffs have 2 years to file a personal injury claim, subject to narrow exceptions.
  • Under New York law, plaintiffs have three years from the date of the accident to file a personal injury claim. However, the statute of limitations to file a wrongful death claim is 2 years from the date of the fatality.
  • Negotiation alone does not stop the clock from ticking on your claim, which is why it is crucial that you hire an attorney to preserve your claim.

• Seek medical treatment as soon as possible

  • After an accident, it is vital that you see a medical professional to submit documentary proof that the accident caused temporary or permanent harm.
  • The longer an accident victim waits to be treated for his or her injuries, the less precise the diagnosis and nexus to the accident will be.
  • Not all injuries are readily apparent and may take time to emerge. However, evidence demonstrating that your injuries are directly related to the accident will help build a strong case and preclude the defense from arguing that the treatment was not obtained in a "reasonable period of time."

• Your claim will be affected if you were at fault

  When it comes to determining fault in a personal injury case, New York and New Jersey laws differ.

  • Under New Jersey’s Comparative Negligence Law, an individual’s fault for an accident cannot be greater than the individual from whom damages are sought. Therefore, New Jersey plaintiffs will be barred from recovery if they are 51 percent liable for causing the accident.
  • Under New York’s Comparative Negligence Doctrine, a plaintiff can recover damages in a personal injury case whether they were 99% at fault for the accident or not at all. A skilled attorney can advise you of your rights and remedies.

• Accessing Coverage

  If you are injured in an automobile accident that was someone else’s fault and they do not have adequate coverage or are uninsured, you may be able to make a claim against your own auto insurer for the injuries you sustained.

  • On January 18, 2022, the New Jersey Insurance Fair Conduct Act ("IFCA") was signed into law, which allows uninsured or underinsured motorists to sue their insurance company for acting in bad faith if they unreasonably delay or deny a claim without merit.