You were in the middle of a multi-vehicle pileup. The accident was so horrific that you feel lucky to be alive. Months go by, and you get a huge shock. The doorbell rings and a process server asks for your name and hands you papers. You can’t believe it! Why are you getting sued for the car accident?
Chain reaction motor vehicle crashes often represent confusion concerning liability. If you were severely injured, there’s a good chance that others were also hurt. But, who’s responsible? It’s not always so evident. The reason you were served with the lawsuit is to make sure all prospective defendants have been named.
Your Case as the Plaintiff
In the first place, there’s your negligence claim. If you were hurt in the accident, you’ll want to speak with an experienced personal injury attorney. You’ll provide your version of the crash. The lawyer will conduct an investigation. It will include securing the police report, eyewitness statements and anything else that can help your case.
The person who brings a lawsuit is known as the plaintiff. Prior to suit, you will be referred to as the claimant. After a review of the relevant information, you will be provided information concerning the merits of your case. Your attorney may also tell you that liability is unclear and that all drivers need to be named to protect your interests.
Just because you are in the middle of the pileup doesn’t mean you aren’t at all negligent. You could be accused of texting and driving. As a result, you could be found partially to blame for your own injuries. You could still recover monetary damages provided your liability was less than 51%. Your award would be apportioned according to the legal concept of comparative negligence.
Not sure what this means? Remember when Tracy Morgan was seriously hurt when his limo was in an accident with a Walmart truck? Take a look at the article we had written before the case was settled. Walmart claimed that Morgan’s failure to wear his seatbelt was a factor in his injuries.
Let’s get back to your accident. If there were others hurt in the same crash, they might have also consulted an attorney. Their lawyer is most assuredly passing on the same information that was presented to you. During litigation, the claim will be sorted out to determine who is at fault and to what degree.
Your Case as the Defendant
Yes, it is possible. You can be both a plaintiff and a defendant as a result of the same automobile accident. The two cases may be initially filed as separate lawsuits. However, the court may decide to consolidate the actions upon application of one of the parties.
Here’s what you need to know. The attorney who represents you as a plaintiff is not the same one who will protect your interests as a defendant. You should let your private counsel know you are being sued. You also need to provide your lawyer with a copy of the papers.
You should not delay in acting on the summons and complaint naming you as a defendant. If you have already retained a personal injury law firm, they may agree to pass on the documents to your automobile insurance company. Otherwise, you need to speak with a representative of the insurance carrier and forward the papers served on you.
This is one of the reasons you pay for liability insurance. The paperwork will be submitted to an attorney chosen by the insurance company. The assigned law firm’s duty is to represent you as a defendant. There is no cost for this referral. Notwithstanding, you should cooperate fully with defense counsel.
Injured in a Car Accident?
The Law Offices of Beninato & Matrafaljo has represented injured plaintiffs for many years. Let our experience help you understand your legal options. Contact us to schedule an appointment.
Dan is a lawyer you want on your side, he was on point , always working on strategies on my case. btw we won our case!!! When it matters to you call him. Thanks Again Beninato & Matrafajlo
Raniero Stirpe
22:11 16 Jul 19
I had a work related incident on 11/2017. I immediately google reviewed a workers comp attorney. Beninato & Matrafajlo Law firm revealed extremely positive reviews. Without a hesitation I drove to their Elizabeth location seeking help. Attorney Andrew was very polite, courteous and resourceful with aiding my problems. Andrew assistant was just just as helpful. They kept me updated throughout the entire process via phone or email. The doctors they administered me to were pleasant as well. Even though the process took nearly 2yrs - Andrew was alongside for entire journey. On May 29, 2018 I finally went to court for work incident. Andrew prompt me on entire court process making me feel comfy and confident before speaking in front of judge. After the ordeal Beninato & Matrafajlo Law firm followed up making sure I was completely satisfied with everything. I wouldn’t of chosen anyone else! Thank You Andrew, his assistant & entire Law firm for the marvelous experience.
Kabir Portillo
23:41 05 Jul 19
Best Lawyer ever very professional flights to the very end To make sure his client is happy with the decision of a case
Jelsson Barba
01:44 28 Jun 19
Dan is the best lawyer I have ever met he did not give up he said he was going to help me and that's definitely what he did I am grateful to have him as my attorney and I will highly recommend him to anyone looking for help p.s and everyone that works at the office is extremely professional polites and very nice and I thank you as well keep up the great work
Albert Fuentes
10:54 20 May 19
Mr. Matrafajlo and his staff are both professional and kind. He went to court 5 times over 6+months fighting a traffic ticket that would of suspended my license and caused me thousands in fine and surcharges. It was dismissed with zero owed to the courts after proving DMV administrative discrepancies. Thank you so much for all your helpRenee
Renee Otoole
14:07 11 May 19
Mr. Matrafajlo and his staff are both professional and kind. He went to court 5 times over 6+months fighting a traffic ticket that would of suspended my...
First of all, I admired Dan for his understanding by putting himself on his clients shoes and fight for their best interest (outcome). For me, the definition of a great lawyer are those who "deliver" and he does.
Jay Licin
16:22 03 Apr 19
I am writing this review almost a decade after the fact......Mr. Matrafajlo is an excellent attorney. He did everything in his power to help me out. I would recommend him to anyone that was in need of an attorney.
Brian Bianco
23:24 01 Mar 19
The best of the best! I would definitely recommend Dan to my family and friends. Very professional and goes above and beyond to answer questions and to get the best results!
David Palucki
20:43 18 Jan 19
I got a 3 point ticket for doing an unsafe turn. I ended up hiring Matrafajlo. He seemed pretty confident he can get the ticket reduced to obstruction of...
I would definitely recommend Dan and his team to friends and family. The staff was very knowledgeable and helpful every time I reached out with questions. Dan and Teresa aka the Dream Team!! Everyone went above and beyond for little ‘ol me! Job well done!!
T Shipley
18:29 07 Nov 18
Dan really went above and beyond for my case . I was wrongfully accused of reckless driving . He could of just told me to take first plea deal and been done with it . Instead he suggested I refuse . The prosecutor in turn ran us around for months refusing to budge. Dan was sted fast in his support for me and never wavered. What started as a reckless driving which is a criminal offense ended as an unsafe driving ( 0 point offense). All thanks to Dan's hard work and perseverance
Cj Craddock
23:13 16 Sep 18
The best of the best, there's no other choice if you're looking for legal representation. Simply an incredible attorney. Helped me get out of a serious jam.
Jim Gilligan
22:51 08 May 18
Dan Matrafajlo was fantastic. From the moment I hired him he handled everything from scheduling my court date to representing me with my traffic ticket. Literally, all I had to do was show up to court. He put me at ease throughout the whole process and had my fine reduced dramatically!! I highly recommend him.
A J Sports
02:40 26 Apr 18
Dan Matrafajlo one the best attorneys ever I was completely satisfied and he has one of the best teams working for him .. I would and have recommended him .
Represented my mother when she had an accident, highly recommend him as an attorney
george gialamas
20:57 25 Mar 18
I don't know much about Beninato but I know a lot about Matrafajlo Danny Matrafajlo is very ambitious, smart, knowlegable, helpful lawyer I have ever know.Keep that way DannyHappy Thanksgiving to you and your family
Few months back, my husband had injured in a car accident. It seemed to be a small injury, but in fact it was brain injury and the truck who hit our car, ran away. We were so confused that how to survive and get compensation for brain injury. At that time, from my friend's reference, I got to know about Beninato & Matrafajlo Law, The firm handled our case very carefully and passionately, took the right steps for us and helped us in getting compensation. Thanks to Beninato & Matrafajlo Law!
Catelyn Martell
05:42 26 Jul 17
Dan is an outstanding lawyer he has handled personal injury cases for me for a couple of my friends he has handled matrimonial and Municipal Court tickets and everyone is happy with his services
Sove Alcequiez
20:05 23 Jul 17
I was referred to Dan Mantrafajlo by a dear friend of my that I respect greatly. This friend said that Dan was the type of lawyer that made the hard work she was putting into law school worth it...I found this to be very true. Professional, hard working, informed and willing to go above and beyond. This is a real review from a real client.
Damon O'Gara
08:12 20 Jul 17
Very professional. I highly recommend it to anybody.
Santiago Pelaez
01:46 12 Jul 17
Simply put he is the best! He was professional, prompt and always acted in my best interest. Couldn't have expected a better outcome.
Mr. Matrafajlo has represented me in a civil case where I was struck and injured by another vehicle.His professionalism and hard work truly made my experience seamless. There will be unpredictable measures that life throws at you, it always helps to have someone you trust by your side.I highly recommend Mr. Matrafajlo or anyone in this law firm to represent them if need be.-Zack
Dan Matrafajlo excellent lawyer. He solved my two previous cases. Individual approach, prompt actions, purposefully moving toward the success. Thank you Dan, yes you are the best of the best.
Dan is an excellent attorney. Unlike most attorneys Dan actually cares about your case. He went the extra mile and did countless hours of research to help me win my case. I'd give him 10 stars if I was able to.
rob cif
14:44 31 Mar 15
I starting using Dan after a VERY bad experience with a previous attorney who took advantage of our family. Dan is a great lawyer and very competent. While he specializes in personal injury, he and his office staff proved themselves on multiple occasions to be more then competent in other areas of the law. He's quick to respond and always makes us feel like our case is his top priority. I have since referred him to multiple people and their experience has been a positive one as well. His rates are reasonable and he has no desire to drag things out, file extension after extension etc. and rack up my bill as our previous attorney did. We highly recommend Dan Matrafajilo Esq., as does everyone I know who have used his services before.
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