If you or a loved one suffered a serious bodily injury in a preventable accident, then you may be eligible to recover financial restitution for your harms and losses via a personal injury claim. The process of filing a personal injury claim is relatively straightforward but can be time-consuming and stressful, especially if you don’t have the help of a legal professional at your disposal. An experienced personal injury lawyer in New Jersey, like those from Bross & Frankel, P.A., can help you every step of the way.
If you are curious about how the personal injury claim process generally works, then keep reading. Below is an overview of how the claims process typically unfolds. Please note that every personal injury claim is different and the process will ultimately be governed by your unique situation and circumstances.
Step One: Seek Medical Care ASAP
Following a serious accident, it is critically important to seek medical attention as soon as humanly possible. Why? Because, for the most part, a personal injury claim will be focused on medical treatment and the costs you incurred from the accident.
This is why the first step after an accident is to get medical care as quickly as possible, even if there are no visible or pressing symptoms. You may even be feeling “alright” after an accident, but that feeling may simply be due to adrenaline flowing through your body for the first 24 hours or so. You may have actually suffered a serious bodily injury, such as a concussion, whiplash, or internal bleeding. A comprehensive medical examination should help identify these types of latent bodily injuries.
Step Two: Contact an Experienced New Jersey Personal Injury Lawyer to Help Evaluate Your Potential Personal Injury Claim
After you’ve been checked out by a medical professional, the next step is to retain the services of an experienced and knowledgeable personal injury lawyer in New Jersey. There is no rule or law that mandates the hiring of an attorney.
Nevertheless, having an attorney on your side can help level the metaphorical playing field with the insurance company and can allow you to focus on your recovery (rather than getting frustrated by the back-and-forth with an insurance company). There is a good chance you will only have one opportunity to recover the compensation you need, so you might as well give yourself the best chance of success by bringing your case to a respected and skilled personal injury lawyer who has the expertise and resources to handle your personal injury claim effectively.
Step Three: Visit Your Primary Care Physician and Adhere to Your Treatment Plan
After you’ve conferred with a New Jersey personal injury lawyer, the next step is to visit your primary care physician and follow their recommended treatment plan. This step can be considered an extension of Step 1 since the viability and overall strength of your personal injury claim largely depends on the scope of your bodily injuries and the amount of harms and losses you incurred following the accident.
If you diligently stay on top of your treatment plan, it helps substantiate the fact that you are concerned about your health following the accident and that you are taking all the necessary steps to improve your condition. If, on the other hand, you fail to stay on top of your medical treatment and there are large gaps in care, it can hurt the viability of your claim.
Step Four: Retain All Relevant Records for Your Personal Injury Claim
Make sure to retain copies of all relevant documents in order to stay on top of what’s going on with your personal injury case. In most personal injury cases, relevant records include:
- Medical records and bills
- Prescription records and receipts
- Property damage repair bills
- Pay stubs and tax statements reflecting lost income
- Any correspondence from insurers
- Any correspondence from other parties involved
Step Five: File a Personal Injury Claim That Includes the Amount of Financial Restitution You are Seeking
Once you have completed your treatment regimen, the next step is to file a formal claim, or a “demand,” with the at-fault party’s insurance company. The claim should be accompanied by a demand letter that explains what happened, how you were harmed, the treatment you sought, and the amount of your harms and losses.
Step Six: Engage with Settlement Negotiations with the Insurance Company
Once a claim has been filed, you (or your New Jersey personal injury attorney) will be contacted by a representative from the insurance company. They will likely raise the prospect of negotiating a potential settlement. Do not be surprised if they make an offer substantially lower than the amount you sought in the demand letter. The nuances of settlement negotiations is one of the primary reasons why you should retain an experienced and savvy personal injury attorney in New Jersey, as negotiations will ultimately make or break your claim. Overall, a large percentage of claims are settled outside of court, but if an agreement cannot be made, the claim will proceed to trial.
Step Seven: Prepare for Trial
If settlement negotiations are unsuccessful, you (through your attorney) should take steps to file a formal personal injury lawsuit and prepare for trial. Once a lawsuit is filed, depositions will be taken, evidence will be presented, and arguments will be made on both sides. Ultimately a judge or jury will decide what to award and to whom.
Have Questions About the Personal Injury Claims Process? Contact Bross & Frankel
If you or a family member suffered a serious injury in a preventable accident, you may be feeling overwhelmed and anxious about the future. Many accident victims are not ready to endure the physical damage associated with an accident, the emotional and psychological trauma, and mounting expenses. This is where hiring a personal injury lawyer in New Jersey can pay dividends.
At Bross and Frankel, P.A. our team of experienced and respected personal injury lawyers in New Jersey are committed to helping people who have been badly injured in all types of accidents, such as auto accidents, motorcycle accidents, slip and falls, and so forth. With decades of combined experience helping injured people of Mt. Holly and throughout New Jersey, our dedicated NJ personal injury attorneys and team know how to get results.
To learn more or to schedule a free, confidential consultation, contact us today at (856) 795-8880 or fill out our online contact form.