Suffering a personal injury often gives the victim the right to pursue monetary compensation from the at-fault parties. However, the process can seem daunting and confusing. What are some of the steps you should take to pursue your claim?
By understanding what you should do next, you can protect your legal and financial interests along with your health. It’s time to work with a dedicated law firm that can walk with you through each step. Find out why New Jersey personal injury victims trust The Cassidy Law Firm LLC.
Step 1: Call 911 and Report the Accident
The first step you need to do is report the accident, and calling 911 is usually the best way. If your accident involves being hurt on the job, you need to also report it to your employer and begin the workers’ compensation process.
After calling 911, law enforcement will show up and generate an accident report. You need to get a copy of this later because it will include important details such as the time, date, and location of the accident.
Step 2: Get Medical Attention
Whether you go by ambulance to the emergency room or see your primary care physician, you need to get medical attention right away. You may not believe you were seriously injured, or perhaps even injured at all, but a doctor needs to make that call.
For one thing, failure to see a doctor could aggravate your injuries since many symptoms can be delayed. But the at-fault party may also blame you for aggravating your own injuries, which will unnecessarily put you on the defensive.
Step 3: Document the Accident Scene
To the extent you can, start documenting the accident scene and your injuries. This includes:
Taking pictures and recording videos
Identifying other cameras in the area that may have captured the accident
Getting the names and contact information of any witnesses
Compiling your medical bills and records
Tracking how much work and income you miss due to your injuries
It’s also a good idea to start taking personal notes about the events leading up to the accident and your injuries. Include details such as any pain and suffering or physical limitations you experience.
Step 4: Limit What You Say
Through the entire claims process you need to be careful what you say. Don’t admit fault or apologize to the victim, and don’t speculate about how the accident happened, who was at fault, or the nature of your injuries. Do not post on social media about the accident either.
You should particularly avoid communicating with any insurance companies until you retain counsel. Insurers use a number of tactics to obtain evidence to use against accident victims, such as requesting a recorded statement. Let an attorney handle communications with insurers.
Step 5: Speak With an Experienced New Jersey Personal Injury Attorney
The earlier you take this step, the better. A knowledgeable lawyer will know not only New Jersey personal injury law but the civil procedures, court rules, and rules of evidence that are part of the claims process. Make sure your attorney has experience with personal injury claims.
Step 6: File a Personal Injury Lawsuit
Once your attorney investigates the accident, determines who may be liable for it, and acquires evidence related to it, the time has come to file a personal injury lawsuit. This preserves your rights in case you cannot reach a settlement.
You may need to file sooner rather than later due to a deadline called the statute of limitations. Most victims only have two years to file and if they file too late the judge will dismiss the lawsuit. Your attorney can file and handle service of the lawsuit and other civil procedure matters.
Step 7: Negotiate With the Insurance Companies
Most New Jersey personal injury lawsuits settle out of court. An attorney can and should assist you with this step, since it will likely involve a process known as mediation. With mediation, a neutral third-party mediator helps the parties reach a mutually agreeable resolution to the claim.
A lawyer can advocate for you during mediation and help you decide whether to settle or proceed to trial. Once you agree to a settlement, you will waive your right to seek additional compensation. This makes it all the more important to hire an attorney.
Step 8: Go to Trial, If Necessary
If you cannot reach a fair settlement with the at-fault parties’ insurance companies, you will need to go to trial. Your lawyer will understand the civil procedure rules, evidence rules, and courtroom rules that govern a trial. Your lawyer may also call expert witnesses on your behalf.
An experienced personal injury lawyer will handle pre-trial conferences, motions, and other preliminary matters in the events leading to trial. Your lawyer will understand how to call witnesses, introduce evidence, and conduct direct and cross-examination, among other matters.
Step 9: Receiving Your Compensation
Whether through settlement or trial, compensation you win will cover such losses as medical bills, missed time from work, and more. Your attorney can explain the process for compensating your doctors, paying for property damage, and paying your lawyer fees and expenses.
The Most Important Step: Hiring Legal Counsel Early
Arguably it is most important that you retain a dedicated personal injury attorney early. Having a lawyer can maximize your compensation, take the stress out of the process, and ensure you meet all rules and requirements concerning a settlement and litigation.
Were you injured in New Jersey and want to learn more about the claims process? Reach out to The Cassidy Law Firm LLC. You can give us a call or complete our online contact form to schedule your free initial consultation today.