When Should I Hire an Attorney After a Car Accident in Bergen County?
You should consider hiring an attorney after a car accident in Bergen County if you were injured, if the other driver’s insurance company contacts you, if there is any dispute about who was at fault, or if you are simply unsure of what to do next.
The process is complicated by New Jersey’s specific “no-fault” and “verbal threshold” laws, which can limit your ability to recover money for your pain and suffering without proper guidance.
These rules are not something you should have to decipher while recovering from an injury. Making sense of the legal and insurance paperwork is our job, not yours.
Whether you’re in the bustling Korea Town of Fort Lee or the diverse, melting-pot communities of Hackensack and Teaneck, the path forward isn’t obvious. The different neighborhoods of Bergen County, from Palisades Park to Englewood and its large Hispanic and African American communities, each have their own unique character, but the challenges after a crash are universal.
Our Bergen County personal injury lawyers team at Maggiano, DiGirolamo & Lizzi, P.C. is here to handle these complexities for you. Call us for a free consultation at (201) 585-9111.
Table of contents
Signs You Need Legal Counsel Right Now
Certain situations are clear indicators that you should seek legal advice without delay.
Your injuries are more than just minor.
Pain that appears hours or even days later is common. Aches and stiffness can evolve into something much more serious. A doctor’s diagnosis of a “soft tissue injury” like whiplash, a concussion, or a herniated disc is a clear signal. These injuries are invisible on the surface but have long-lasting effects on your life.
New Jersey’s “verbal threshold” law (N.J.S.A. 39:6A-8) creates a high bar for suing for pain and suffering. To get compensation for your pain, you must prove you suffered a permanent injury, among other specific categories. An attorney will help gather the objective medical evidence needed to prove your injury meets the legal definition of serious and permanent as defined by the statute.
The insurance adjuster has already called you.
It might feel like a relief when the other driver’s insurance company calls quickly. But their goal is to close your claim for the lowest amount possible. They may ask for a recorded statement before you’ve had time to think, consult a doctor, or understand the full extent of your injuries and financial losses.
An early, lowball settlement offer is like a mirage in the desert—tempting when bills are piling up, but it disappears once you realize it doesn’t cover future medical treatments, physical therapy, or wages you’ll lose from being unable to work. Accepting it means signing away your right to any future compensation for this accident.
There’s any question of fault.
New Jersey uses a “modified comparative negligence” rule. This legal concept means if you are found to be even partially at fault for the accident, your compensation can be reduced by your percentage of fault. If a jury finds you are more than 50% at fault, you are barred from recovering any damages from the other driver.
An attorney will launch an independent investigation. We will secure the police report, speak to witnesses, and preserve evidence like traffic camera footage or vehicle data to build a clear picture of what happened on that Bergen County road.
The accident involved a commercial vehicle, a government vehicle, or an uninsured driver.
Crashes involving large trucks or government vehicles (like a town-owned vehicle in Hackensack or a county bus) have entirely different rules and much shorter deadlines. Claims against government entities in New Jersey require you to file a formal notice of claim within just 90 days. If you were hit by a driver with no insurance, navigating a claim with your own insurance company for an uninsured motorist claim presents its own unique challenges.
The Bergen County Factor: Why Your Accident Location Matters
Every car accident case is governed by state law, and New Jersey has one of the more complex systems in the country. These two intertwined systems—”no-fault” and the “right to sue”—determine what your rights are.
A Tale of Two Systems: No-Fault and the Right to Sue
Emergency Financial First-Aid
New Jersey is a “no-fault” state. This means your own auto insurance policy is the first source of payment for your medical bills, through your Personal Injury Protection (PIP) coverage. This coverage pays for your medical treatment regardless of who caused the crash.
The PIP Burn
New Jersey law requires a minimum of $15,000 in PIP coverage, though recent changes are increasing liability minimums. While this may sound like a lot, serious injuries from a crash on Route 4 or the Palisades Parkway burn through this limit with astonishing speed, leaving you with significant out-of-pocket costs for continuing care.
The Locked Door
The “verbal threshold,” also called the “limitation on lawsuit” option, is a choice you made when you purchased your auto insurance. To save money on premiums, most New Jersey drivers select this option. It acts like a locked door, preventing you from filing a lawsuit for non-economic damages—like pain and suffering—unless your injury falls into one of six specific categories:
- Death
- Dismemberment
- Significant disfigurement or scarring
- Displaced fractures
- Loss of a fetus
- A permanent injury
An attorney holds the key to unlocking that door. We do this by working with your doctors to gather the “objective, credible medical evidence” required by law to prove the severity and permanence of your condition.
A Calendar with No Mercy: The Statute of Limitations
In most car accident cases, you have exactly two years from the date of the accident to file a lawsuit in New Jersey. This law is known as the statute of limitations (N.J.S.A. 2A:14-2).
This is not a suggestion; it is a hard deadline. If you miss it, your right to seek compensation through the court system is permanently lost, no matter how serious your injuries are.
For claims against a government entity—such as a municipality like Teaneck or a state agency—the deadline is drastically shorter. You must file a formal Notice of Tort Claim within just 90 days of the incident. This is a procedural requirement that, if missed, prevents you from ever filing a lawsuit.
What Our Firm Does: The Work Behind the Scenes
Many people wonder what a lawyer actually does after taking on a car accident case. The process is detailed and methodical, designed to build a strong foundation for a successful claim.
We become your voice.
From the moment you retain our firm, we take over. Instead of you fielding calls from insurance adjusters asking for statements or pushing for a quick settlement, we handle all communication. This shields you from the pressure and protects you from saying something that could be misinterpreted and used to devalue your claim later on.
We investigate and build your case.
We always start with the police report, but we never stop there. These initial reports might contain errors, omissions, or rely on a single, flawed perspective. We go beyond this rough draft of the truth.
We move quickly to secure evidence before it disappears. This includes traffic and security camera footage, photographs of the scene and vehicle damage, and property damage estimates. We identify and interview witnesses across Bergen County, from the dense neighborhoods of Palisades Park and Lodi to the suburban streets of Englewood Cliffs, to get a full account of what they saw.
We connect your injuries to the accident.
Insurance companies demand proof. It is not enough to say you were hurt; we must show precisely how the force of the collision caused the specific harm you are suffering from. We work closely with your doctors to obtain the detailed medical records, diagnostic test results like MRIs and X-rays, and expert reports that draw a clear, undeniable line from the accident to your injuries.
We calculate the true cost of your accident.
The true cost of a car accident goes far beyond the initial hospital bill. Each envelope that arrives with a new bill is a reminder of that day. Our job is to build a comprehensive accounting of every loss you have suffered and will suffer in the future. This includes:
- Future medical needs: This may involve surgeries, ongoing physical therapy, pain management, or home health care.
- Lost wages: We document every dollar you lost while unable to work.
- Diminished earning capacity: We assess the impact of your injuries on your ability to earn a living in the future.
- Non-economic costs: This is the most personal part of your claim. We work to put a value on the pain that flares up when you least expect it, the stress that keeps you up at night, and the ways the injury rewrites every aspect of your daily life.
But Can I Even Afford to Hire an Attorney?
The Contingency Fee Arrangement: A Simple Explanation
Our firm handles personal injury cases on a contingency fee basis. In simple terms, this means we do not charge any upfront fees for our time or services. We only receive a fee if we successfully recover money for you, either through a negotiated settlement or a court verdict.
The fee is a percentage of the total recovery. This structure means our success is directly tied to your success. You will never have to write us a check from your savings or go into debt to afford representation.
The Real Cost is Waiting
People who are not represented by an attorney frequently accept settlement offers that are far less than what their case is truly worth. Insurance companies know the law and the deadlines. Waiting too long to seek legal counsel leads to evidence being lost and deadlines being missed, which might severely weaken or even prevent your ability to file a claim entirely. Hiring an attorney is an investment in protecting your health and your financial stability after a disruptive event.
Your Questions Answered
What if my pain didn't show up for a few days?
This is very common with injuries like whiplash and concussions, where symptoms are usually delayed. It does not disqualify your claim. The most important step is to get a medical evaluation as soon as you feel any pain or discomfort and to follow your doctor’s prescribed treatment plan. This creates a medical record that links your symptoms back to the accident.
The other driver was from New York. Does that change my case?
Yes, it does add a layer of complexity. Cases involving out-of-state drivers raise questions about which state’s laws apply and which insurance policies are responsible for coverage. Our firm has deep experience handling cases involving out-of-state drivers on New Jersey roads like the Palisades Parkway, Route 17, or the George Washington Bridge approaches in Fort Lee.
My car only has minor damage, but I'm in a lot of pain. Will the insurance company believe me?
Insurance companies might argue that low property damage means a person couldn’t have been seriously injured. This is a common defense tactic. We work to prove that modern cars are designed to absorb and withstand impact in ways the human body is not. Your detailed medical records, not the dent in your bumper, are the most important evidence of your injury.
I have a pre-existing condition. Can I still file a claim?
Yes. If the car accident worsened, aggravated, or “lit up” a pre-existing condition, you are entitled to compensation for that aggravation. It is important to be upfront and honest about your complete medical history so that we can properly frame the case and show how the accident impacted your underlying condition.
Do I have to go to court?
The vast majority of car accident cases are settled out of court through negotiation, mediation, or arbitration. We prepare every single case as if it is going to trial. This thorough preparation puts us in the strongest possible position to negotiate a fair settlement on your behalf because the insurance company knows we are ready and willing to go to court if they refuse to be reasonable. Our goal is to achieve the best outcome for you as efficiently as possible.
Don’t Settle for Less – Let Maggiano, DiGirolamo & Lizzi, P.C. Secure Your Future
After a car accident, your focus should be on your health, your recovery, and your family. Our focus will be on ensuring your legal rights are protected and that you receive the full and fair compensation available under the law. You do not have to face the insurance companies and the hurdles of the legal system alone.
Let our experience be your guide through this process. Call Maggiano, DiGirolamo & Lizzi, P.C. today for a no-cost, confidential consultation at (201) 585-9111.
