Thinking about filing a personal injury claim after an accident can be both intimidating and scary. Most people do not know what to expect and have questions. One immediate question might be: How does the personal injury claims process work in New Jersey? You're in luck. We're going to break down the process in the following article and highlight some things you should be aware of for any case in New Jersey.
Before even filing, there are actions you need to take and considerations to make. The first and most important is to consult with a NJ personal injury lawyer. Brandon J. Broderick, Attorney at Law has the knowledge to lead you to a successful outcome.
Keep reading for more information about the entire claims process.
How Do Personal Injury Cases Work in NJ?
In New Jersey, personal injury lawsuits are unique from case to case. So, the advice of a legal professional is highly recommended. An experienced attorney can help you understand what steps are involved, what is needed and what to expect from filing a claim.
Below are the steps a victim will usually take:
- Consult with an injury attorney
- Attorney evaluates and investigates your case
- A prognosis of your injuries is determined
- Compensation and damages determined
- Submitting a demand letter
- Attempting to negotiate a settlement
- Personal injury lawsuit file
- Case goes to trial
Consulting An Attorney About Your Case
We advise you to visit a personal injury lawyer if you were hurt in the state of New Jersey and believe the accident was not your fault. Generally, NJ personal injury lawyers offer free consultations, so getting advice from a professional about the possibilities won't cost you anything and can be beneficial. During a consultation, the lawyer will listen to the specifics of how the accident occurred and suggest several strategies for winning your case and obtaining the most compensation available to you.
Attorney Investigates Your Case
Once you have officially retained a lawyer, they can get to work on your case. The following are some examples of items a lawyer will normally investigate:
- Examine and look into every aspect of your accident
- Speak with any potential witnesses
- Examine all police reports
- Getting copies of medical records from injuries related to the accident
- Research comparable cases and judgments
- Finding all parties who may be liable
- Putting together a team of experts who may be called to offer testimony
Developing a Prognosis About Your Injuries
A formal prognosis of your injuries will need to be made if you are still receiving medical treatments or an evaluation. Doctors will need to detail the extent of your current injuries and provide a prognosis for how likely it is that you will recover from them in the future, if they haven't done so previously.
How Much Compensation Are You Entitled To
You and your lawyer can talk about the value of your personal injury once your lawyer has all the information about your case and a formal prognosis has been determined. At this stage of the process, your attorney will talk to you about what could be a reasonable sum to demand in your demand letter, based on their experience handling injury cases as well as what other cases of a similar kind have settled for.
Sending a Demand Letter
It's time to submit a demand letter once you and your lawyer have decided on a fair compensation figure. All parties identified in the claim who are believed to be either wholly or partially responsible for your injuries are sent the demand letter, which may include people, companies, and/or insurance companies. It will contain a complete summary of your case's facts, evidence, the extent of your injuries, your current medical condition, and the suggested settlement sum that you and your lawyer have decided upon.
A demand letter is important. Some individuals make the error of assuming they may notify an insurance company of their injuries and receive a settlement offer before seeing an attorney. The seriousness of your issue will, however, be conveyed to the responsible party(ies) by the demand letter itself. Your prospects of receiving a fair settlement amount might be significantly increased by working with an accident lawyer soon after it has occurred.
Settlement Negotiation
After receiving the demand letter, the responsible party(ies) will respond to your demand for payment in one of three ways:
- Accepting the offer
- Rejecting the offer
- Submitting a counteroffer
If the opposing party accepts the settlement offer, your lawyer will proceed to secure payment in accordance with the terms of the demand package, typically in the form of an escrow account until the claim is entirely resolved.
If a counter offer was made, your lawyer may express an opinion as to whether or not the counter offer is reasonable, but the final decision rests with you.
If neither side can agree on an amount to settle the case, you and your lawyer will then discuss whether or not you choose to file a formal lawsuit.
Filing a New Jersey Personal Injury Lawsuit
The majority of personal injury cases are successfully resolved out of court. If your issue cannot be resolved, however, you will have to file a formal lawsuit if you want to continue your demand for compensation. You can still come to an agreement with the responsible party for a specific amount during the discovery and mediation phases even after your lawyer has officially filed a lawsuit on your behalf.
The representatives from the two parties will exchange further evidence during the discovery phase. All relevant evidence must be presented during this process.
There is sometimes a mediation process wherein both parties appear in front of an impartial mediator to continue any prospective dialogue either before or during the discovery period. It is important to keep in mind that these are not formal judicial processes, and the mediator is typically a judge who is either sitting or has recently retired, has extensive experience with injury claims, and is fully impartial in the case.
Trial Before a Judge or Jury
You and your lawyer will need to go to trial if a settlement has still not been reached at this stage of the process. This is when a judge or jury will decide and rule on a judgment in your case.
Brandon J. Broderick, NJ Personal Injury Attorney Can Help You With Your Case
The majority of personal injury cases are similar, but usually have unique circumstances. However, for your case to be successful, retaining a NJ personal injury lawyer with experience is important.
At Brandon J. Broderick, Attorney at Law, we work hard to get our clients the outcomes they deserve. Call us to schedule a free case evaluation today.