The following is some basic information on NJ personal injury lawsuits, and how our lawyers can help guide you through the process.
BEGINNING THE PROCESS OF FILING A PERSONAL INJURY LAWSUIT
Your first step in filing a personal injury lawsuit is to schedule a free consultation with our experienced lawyers. At this first meeting, we will get the details regarding your injury and the circumstances under which it occurred.
We also will advise you on the best way to proceed in your case and give you an estimate as to the types of compensation you may be entitled to receive.
Depending on the circumstances of your injury, you may be entitled to the following damages under NJ law:
Economic damages –
These damages compensate you financially for the actual losses you suffered due to your injury. They include medical and hospital expenses, lost wages and property damages.
Non-economic damages –
These damages compensate you for pain and suffering, mental anguish, scarring and disfigurement.
Punitive damages –
These damages are meant to punish the at-fault party for particularly reckless or negligent conduct. They are not usually awarded.
Once we agree to work together, the process of gathering evidence begins. Our experienced lawyers and investigators will diligently work behind the scenes to determine who or what was responsible for your accident occurring, and who can be held accountable for the damages you have incurred. They will:
Take your statement and the statements of any witnesses to your accident
Gather medical records and any police or incident reports
Consult with experts to determine the causes of your injury and your prognosis for recovery.
This evidence will serve a crucial role in our pursuit of compensation for you. It will be the basis for all litigation and settlement negotiations.
FILING YOUR PERSONAL INJURY CLAIM
We generally contact the parties responsible for your accident and file a claim with their insurance company. Depending on the circumstances of your particular case, we may be able to negotiate a claim settlement with the insurance company based on the evidence we have collected on your behalf and any investigations conducted by our legal team into your accident.
It is always important to consult with an experienced personal injury lawyer before making any statements to an insurance company and prior to accepting a settlement offer.
New Jersey law prevents insurers from engaging in bad faith practices. Still, insurance companies are businesses. Like any business, their goal is to make a profit. One way they can accomplish that profit is by denying or undervaluing claims — so they frequently engage in bad faith.
In dealing with an insurance company on your own, your claims adjuster may use your statements to deny your claim or attempt to get you to settle for far less that what your claim is worth.
Our offices have the legal training and experience you need when dealing with insurance companies. We will negotiate with the insurer on your behalf, protect your rights and work to pursue the maximum amount available in a settlement.
FILING A PERSONAL INJURY LAWSUIT IN NEW JERSEY
If the insurance company for the at-fault party fails to make a reasonable settlement offer, it may be proper to file a personal injury lawsuit.
Under NJ law, you have two years to file a legal claim against an at-fault party in a personal injury case. This is called the statute of limitations. We use this period to seek a pre-lawsuit settlement and, if needed, to file the proper documents in state or federal court.
HIRE THE RIGHT ATTORNEY 24/7 (973) 704-7376 pescatorelaw.com in PASSAIC, ESSEX AND UNION COUNTY — NEW JERSEY