What Can I Expect After Filing a Personal Injury Claim?

If you have never been involved in a lawsuit, it’s understandable that your perception of legal proceedings might be heavily influenced by the dramatic courtroom scenes often portrayed in the media. These dramatizations can create a misleading impression that every legal case culminates in a trial, leading to confusion and misconceptions about the reality of pursuing a personal injury claim and navigating this legal process. The vast majority of personal injury claims are settled outside the courtroom. Please continue reading as we explore what you should know about these matters and why connecting with a determined Morris County Personal Injury Attorney is in your best interest. 

How Do I File a Personal Injury Claim?

Following an accident caused by another party’s intentional acts, negligence, or other wrongdoing, it’s imperative to understand how to seek compensation for the damages you have incurred. In New Jersey, the statute of limitations for personal injury cases is two years from the date of the injury. While there are certain exceptions, failure to file within this timeframe will result in the absolute bar of recovery. Essentially, once the statute expires, you waive your right to pursue compensation for your losses. Two years may seem like ample time, but it’s generally best to file sooner rather than later to protect your rights and interests.

To initiate the personal injury claims process, you must contact the at-fault party’s insurance company to report the accident. The insurance company will conduct an investigation, examining all relevant information, including police reports, medical records, and witness statements. It’s advisable to engage the services of a personal injury attorney who can guide you through the legal process and ensure you receive fair compensation.

Unfortunately, the insurance company doesn’t have your best interest in mind. As such, they will likely offer you a lowball settlement that is significantly lower than your claim’s actual value to minimize payouts. Your attorney can negotiate to reach a fair settlement.

What Happens if Negotiations Fail?

Filing a personal injury lawsuit is only necessary in the unfortunate event that negotiations fail. If a fair settlement cannot be reached, you will need to file a complaint with the court. This document outlines all of the relevant information about your case, including the negligent party, your allegations, and the damages you have endured as a result. Once filed, you will need to have the negligent party served so they are informed they are subject to a lawsuit and can issue a response.

After the case is filed, the discovery process will commence. This process involves exchanging information with the other party and building your arguments. Once this phase has concluded, the trial will begin. Your attorney will scrutinize evidence, present arguments, and question witnesses. At the final stage, the jury will issue a verdict.

As you can see, filing a personal injury claim in New Jersey can be complex. However, despite the intricacies, it’s crucial to fight for the justice you deserve. At Lutz Injury, we are prepared to represent your interests and fight for the compensation to which you are entitled. Connect with our firm today to learn more.