Steps for Recovering Compensation in a Personal Injury Claim
While every personal injury claim is unique, with its own circumstances, injuries sustained, and potentially liable parties, they also all have a great deal in common. The steps for securing compensation for injuries sustained in car accidents, truck accidents, motorcycle accidents, construction accidents, slip and falls, and any other kind of accident are all generally the same.
If you have been injured in any kind of accident as the result of the reckless or negligent actions of another party, here are the steps you should expect to take in order to recover compensation for your injuries, including medical expenses, lost income, and pain and suffering, in a personal injury claim.
Speak with an Experienced Passaic County Injury Lawyer
Of course, it almost goes without saying, but speaking with an experienced Passaic County injury lawyer before beginning the claims process can be extremely beneficial. An experienced injury attorney will be able to guide you through the entire process, prevent you from making many of the common mistakes which often prohibit recovery of compensation, and help you ensure that you receive the compensation that you and your family need and deserve in order to begin rebuilding your lives after an accident or injury.
While you will eventually have to pay for your attorney’s services (most personal injury attorneys work on a contingency fee basis), in general the total amount of recovery than an experience attorney can secure for you will almost always pay for their services, and often times more still. Additionally, you run the risk of not being able to recover compensation at all should you not hire an attorney, so before doing anything, at least speak with a Passaic County injury lawyer about your options for recovering compensation, the strength of your claim, and what you should do moving forward, it can’t hurt!
Filing an Injury Complaint Before the NJ Statute of Limitations Expires
The next step in the personal injury claims process will be filing your initial complaint. For most personal injury cases in New Jersey, you must file this complaint before two years have passed since the date of your accident. This time limit is known as “the statute of limitations”.
However, there are some important exceptions to this rule. For example, in the case of an accident involving a minor, the statue of limitations for filing a personal injury complaint is usually two years after the child turns 18. Another exception is if you are bringing your personal injury complaint against a government agency. In this situation, additional documents may be required along with your initial complaint, and these documents can have deadlines as little as 30 days from the date of your injury. Finally, personal injury claims filed against a New Jersey public entity must take place within 90 days of the accident.
The sooner you speak with your Wayne, NJ personal injury lawyer, the sooner you will have a clear understanding of the deadlines involved with the initial filing of your claim, and the sooner you can actually file your claim and begin the recovery process.
Gathering and Presenting Evidence in Passaic County Personal Injury Claims
Once your initial personal injury complaint has been filed, both sides of the complaint will begin gathering evidence regarding the accident in question, the injuries sustained, and the responsibility and liability of all of the involved parties.
This process can involve things like formal requests for information by either side, depositions (interviews conducted by attorneys of the various involved parties whose statements are given under oath), consultation with medical experts, financial experts, and experts who can speak to the nature and circumstances of your accident, and the gathering of related evidence such as medical reports, police records, photo and video evidence, and any other kind of relevant evidence.
Once all of this information has been digested by both parties, they will present the facts and their arguments to each other, and begin the settlement and trial process.
Settlements and Trials in Passaic County Personal Injury Claims
Once both parties have a clear understanding of the circumstances surrounding your accident, the extent of your injuries, and the fault of all of the parties involved, you will begin the negotiation and settlement process.
While it is estimated that nearly 97% of all personal injury claims end in settlements rather than a jury verdict, it is critical that you and your attorney are prepared to go to trial. This preparation and commitment will show the insurance company that you are serious about recovering compensation for your injuries, and will cause them to ultimately make a much fairer offer than you could expect should you not prepare for a trial.
Due to the fact that as soon as you accept any kind of settlement for your Passaic County injury claim, your case will be closed, and you will not be able to modify your settlement or pursue further claims for the same accident, it is extremely important that any settlement you do accept is fair to you, and accurately accounts for all of your medical expenses, lost wages, and pain, suffering, and loss of enjoyment of life.
An experienced personal injury attorney will be able to advise you when a settlement is fair to you, when to pursue further litigation and negotiation in order to secure a better settlement offer, and when to let a jury of your peers decide the matter. Of course, the ultimate decision is yours, but having this experienced legal counsel can be invaluable to you when evaluating your options.
Clifton Injury Lawyers Secure Compensation in Personal Injury Claims
If you and your Clifton injury lawyer have successfully followed all of the steps above, you will most likely recover full and fair compensation for your injuries, whether it be through a settlement or a jury verdict.
At The Law Office of Fredson and Statmore, our attorneys have extensive experience helping clients across Clifton, Wayne, Paterson, West Milford, Passaic County, and throughout New Jersey to successfully recover compensation in personal injury cases of all kinds.
With millions of dollars in settlements and verdicts already secured for our clients, our track record of success and legal service speaks for itself. Founding partner Barry Fredson is a New Jersey Supreme Court Certified Civil Trial Attorney, an elite distinction held by only 2% of the active lawyers in the state signifying his excellence in the areas of legal knowledge, trial skills, and ability to communicate with clients, and Barry Fredson and the our personal injury team is ready to provide you with exactly this kind of legal representation today.
To speak with our firm in a free and confidential consultation regarding your accident and injuries, your options for recovering compensation through a personal injury claim, and how we can specifically help you to do so, please contact us online.