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what happens during a personal injury lawsuit
what happens during a personal injury lawsuit

What Happens During a Personal Injury Lawsuit?

Filing a Personal Injury Lawsuit in New Jersey

What happens during a personal injury lawsuit, anyway? If you have considered filing an injury claim after getting injured in New Jersey, this question has probably popped into your head. While a personal injury claim may seem complicated, the benefits far outweigh the hassles with the help of an experienced New Jersey injury lawyers.

Unforeseen accidents can cause physical injuries, emotional distress, and medical bills. With extensive knowledge of the legal landscape and a commitment to client well-being, New Jersey Injury Lawyers P.C. provides personalized attention and aggressive representation. Our attorneys meticulously investigate the circumstances surrounding each injury.

Contact us for a free consultation and take the first step towards reclaiming your life. Time is of the essence in personal injury claims, so don’t delay in seeking legal representation today.

What is a Personal Injury Lawsuit?

A personal injury lawsuit is a legal process through which an individual who has suffered harm or injury due to someone else’s negligence, recklessness, or intentional actions seeks compensation for their losses.

Personal injury cases cover a wide range of incidents, including car accidents, slips and falls, medical malpractice, product defects, workplace accidents, and more. Our New Jersey personal injury attorneys take on all types of personal injury cases in New Jersey.

What Happens During a Personal Injury Lawsuit in New Jersey?

Personal injury cases in New Jersey are diverse and individualized; no two cases are the same. To gain a comprehensive understanding of your specific claim’s process, it is highly advisable to seek guidance from an established personal injury lawyer in New Jersey.

Our New Jersey personal injury attorney can provide invaluable assistance by clarifying and outlining the entire process, from beginning to end. We will skillfully guide you through each step, ensuring that you have smooth navigation and maximizing your chances of achieving the best possible outcome for your case.

  • Consult with a local personal injury attorney.

If you have suffered an injury in the state of New Jersey and believe that you bear no or partial responsibility for the accident that caused it, we strongly encourage you to consult with our local personal injury attorney.

When you schedule a consultation with us, we will attentively listen to the specifics of your injury and provide you with various options for proceeding. Our goal is to assist you in achieving the most favorable outcome for you and your family.

  • Investigate your case and gather evidence for your claim.

Once you choose to engage our services, we will initiate the process of handling your case. As part of our approach, we will thoroughly investigate various aspects of your case, including:

  • Conducting a comprehensive investigation into the specific details of your accident;
  • Interviewing potential witnesses to gather their accounts of the incident;
  • Reviewing any available police reports related to the accident;
  • Obtaining relevant medical reports, hospital bills, and other medical documentation;
  • Researching and analyzing similar cases, their outcomes, and verdicts for reference;
  • Determining all responsible parties involved in the incident; and
  • Coordinating the involvement of expert witnesses who can provide professional opinions and expert testimony, if necessary.
  • Get a comprehensive assessment of your injuries.

If you are currently undergoing medical evaluation or receiving ongoing medical treatment, it is important to obtain a formal assessment of your injuries. To do so, your doctors will need to evaluate the severity and extent of your current injuries.

Additionally, medical professionals will provide a prognosis regarding your potential recovery and your ability to overcome these injuries in the future. It is crucial to have a clear understanding of the extent of your injuries and their potential long-term effects on your well-being to build a strong case in your personal injury claim.

  • Calculate the amount of compensation.

Once our New Jersey injury attorney has gathered all the relevant details of your case and received an official prognosis, we can proceed to assess the value of your personal injury claim. During this stage, our lawyer will engage in a discussion with you to determine an appropriate amount to include in your demand letter.

This assessment will be based on our extensive experience in handling personal injury cases and our knowledge of settlements reached in similar cases. Our goal is to ensure that your demand letter reflects a fair and reasonable compensation amount considering the specific circumstances of your case.

  • Submit a demand letter.

Once we have reached a mutual agreement on an appropriate compensation amount, it is time to proceed with the submission of a demand letter. The demand letter serves as a formal communication addressed to all parties involved in the injury claim who are considered fully or partially responsible for your injuries. These can include individuals, businesses, or insurance companies.

The demand letter will encompass a comprehensive overview of your case, presenting all the relevant details, facts, and evidence, as well as the nature and extent of your injuries and your current medical condition.

Additionally, it will explicitly state the proposed compensation amount that you and your attorney have mutually determined. Submitting a demand letter holds great significance in the process.

Some individuals mistakenly believe that they can directly approach an insurance company with a statement about their injuries and receive a settlement offer without seeking legal counsel. However, it is often the demand letter itself that effectively emphasizes the seriousness of your case to the responsible party.

Collaborating with our skilled New Jersey personal injury attorney from the outset can significantly enhance the likelihood of securing a favorable settlement amount that accurately reflects the value of your claim.

  • Negotiate a settlement.

After the demand letter has been carefully reviewed, the liable party will respond to your request for compensation in one of the following three ways:

Accept the offered compensation.

The liable party agrees to the proposed compensation amount and accepts responsibility for the damages caused.

Decline the offered compensation.

The liable party rejects the proposed compensation amount and denies liability for the damages claimed.

Make a counteroffer.

The liable party presents a different compensation offer in response to the demand letter, initiating a negotiation process to reach a mutually acceptable resolution.

You and our attorney will engage in a thorough discussion concerning the response received about your demand package. If the opposing party accepts the offer, we will proceed toward securing payment according to the terms outlined in the demand package.

Typically, the payment will be held in an escrow account until the claim is fully resolved. If a counteroffer has been made, we can provide our professional opinion on whether the counteroffer is fair. However, it is ultimately your decision to accept or reject the counteroffer. It is crucial to have our personal injury attorney’s guidance and counsel during this process.

We typically do not accept the initial offer and rely on our experience in negotiation to pursue the best possible outcome on your behalf. If a settlement negotiation cannot be reached or if the initial offer is declined, we will need to explore alternative options, which may involve initiating a formal lawsuit.

In such cases, our knowledgeable personal injury attorney in New Jersey will discuss the necessary steps and strategies to pursue your case through the legal system.

  • File a formal personal injury lawsuit, if needed.

Approximately 90% of personal injury claims are successfully resolved through out-of-court settlements. However, if a settlement cannot be reached and you choose to pursue compensation further, you will need to initiate a formal lawsuit.

Even after filing a lawsuit, there may still be opportunities to reach an agreement with the responsible party during the discovery and mediation phases. During the discovery phase, representatives from both parties will gather additional evidence from each other.

This process aims to ensure that all relevant evidence is disclosed and brought to light, contributing to a fair resolution of the case. In some cases, either before or during the discovery phase, a mediation process may take place.

During mediation, both parties come together before a neutral mediator, who is often a current or former judge with extensive experience handling personal injury cases. The mediator remains impartial and facilitates potential negotiations between the parties.

It is important to note that mediation is not a formal courtroom proceeding but rather a collaborative effort to seek a mutually agreeable resolution.

  • Go to trial, if needed.

If there is still no agreement at this point, the next step would be to go to court.

When you hire a personal injury lawyer from New Jersey Injury Lawyers P.C., you can be sure that you will be handled by dedicated legal professionals who are ready to fight hard for the justice you deserve from the beginning to the end.

How Long Does a Personal Injury Claim Settlement Take?

In smaller cases where the fault of the other party is evident, your case can settle as early as one month after sending your initial demand letter. However, in more complex cases, the settlement process may take significantly longer. Several factors can influence the time it takes to settle, including:

  • Adjusted workload: The adjuster’s workload, which may affect how quickly they respond to and assess your claim, can affect the length of time it takes to settle.
  • Solid Evidence: The strength and quality of the evidence you provide to support your injury claim can affect the settlement timeline. Clear and compelling evidence can expedite the negotiation process.
  • Comparative Negligence: If there are questions regarding comparative negligence, meaning both parties share some degree of fault in the incident, it can complicate the settlement process and potentially prolong the time until a resolution is reached.
  • Third-Party Liability: If there is a possibility that a third party may be responsible for your injuries, it can introduce additional complexities to the case, potentially leading to a longer settlement timeline as the involvement and liability of multiple parties are assessed.

While the insurance adjuster may initially attempt to expedite a settlement without the involvement of a lawyer, once you have secured legal representation, they may adopt a more deliberate approach. Insurance adjusters are aware that by prolonging the settlement process, your financial burdens may increase, particularly if your injury prevents you from working.

When Should I Get Paid After I Win My Personal Injury Claim in New Jersey?

The timeframe for receiving compensation depends on the outcome of your case. If you reach a settlement agreement with the other party, the process of receiving a check for damages may occur relatively quickly.

Nevertheless, if you settled your claim and a settlement agreement was filed with the court, you can expect to receive a check for damages at an earlier stage.

If you settled your injury claim out-of-court…

If you reach a settlement agreement with the party responsible for your injuries (or their insurance company) before filing a case in court, the terms of your settlement should specify the deadline for the other party to make payment. If you didn’t file a claim in court, there is no need to submit the settlement agreement to the court.

However, if you enter into a settlement agreement after filing a claim in a New Jersey court to seek damages for your injuries, both parties must file the settlement agreement with the court to conclude the matter.

Once the settlement agreement is filed, the court will issue an Order of Settlement, which requires both parties to sign additional documents, including a Settlement Release, within 30 to 60 days. The Settlement Release serves as a waiver of your right to pursue a claim against the defendant for damages resulting from the accident.

Additionally, the agreement may include a confidentiality clause and clarify that the defendant’s agreement to settle does not imply fault on their part. If you had legal representation, the defendant or their insurance company will then send a check to your lawyer’s office, made out to you and your lawyer.

Once your lawyer receives the settlement check, they will settle any outstanding bills related to your case, such as medical expenses and fees for expert witnesses, as well as their legal fees.

The contingency agreement you signed when hiring them for your personal injury case, which typically involves a percentage of the settlement, will determine the attorney’s fees. After deducting these expenses, your lawyer will issue a check to you for the remaining balance.

If you obtained a favorable court decision in your personal injury lawsuit…

After obtaining a favorable judgment in your personal injury claim, the court will issue a verdict directing the defendant to pay a specific amount in damages. However, what unfolds next depends on how the defendant responds to the verdict.

They have the right to file an appeal, which can significantly prolong the time it takes for you to receive a check. Furthermore, an appeal could potentially lead to the reversal of the verdict and necessitate a retrial. Even if the defendant opts not to file an appeal, there is no guarantee that they will promptly fulfill their obligation to pay the ordered damages.

They might intentionally delay payment or refuse to pay altogether. In such cases, you have the option to petition the court to hold them in contempt, among other measures available to enforce the judgment. When the defendant is an insurance company, they generally tend to honor the payment if they decide not to appeal.

We Can Answer Your Queries About What Happens During a Personal Injury Lawsuit in New Jersey

Navigating a personal injury lawsuit can be a challenging and complex process. However, with the right legal representation, you can have peace of mind knowing that your rights are protected and that you have an advocate fighting on your behalf.

New Jersey Injury Lawyers P.C. is a leading personal injury law firm that has a deep understanding of New Jersey personal injury law. We provide personalized attention and aggressive representation to ensure that your voice is heard and that your rights are protected. Our track record of successful outcomes and satisfied clients speaks to our dedication and skills in handling personal injury cases.

Don’t face the challenges of a personal injury lawsuit alone. Contact New Jersey Injury Lawyers P.C. today and schedule a free consultation to discuss your case. We also assist you in bicycle accidents, car accidents, commercial vehicle accidents, and transit accidents.

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