HURT IN A CAR ACCIDENT IN MIDDLESEX COUNTY, NJ - NOW WHAT?
For those injured in a car accident in Middlesex County, New Jersey, it is
important to consult with a New Jersey Personal Injury Attorney as soon as
possible. Most NJ personal injury
lawyers will provide a free initial consultation and work on a contingency fee
basis so there is really no downside to consulting with one. It will give you an opportunity to review
your rights and responsibilities.
THE ACCIDENT SCENE
As soon as an auto accident occurs, word of the accident
spreads pretty quickly. Generally, the
police find out immediately as someone calls them from the scene. Later, a police report is generated and made
available to the public. If there are
injuries reported to the police at the scene, the police will call an ambulance
to take those injured to the hospital unless they refuse treatment. Those requiring an ambulance and a hospital
visit often forget that auto insurance is the primary insurer in NJ for the
medical bills incurred from the accident unless health insurance was previously
chosen as primary on the insurance application.
INJURED IN A NJ ACCIDENT
For those that elect to obtain the services of a personal
injury attorney in NJ, the lawyer and the client will enter into a retainer
agreement. The attorney will usually
work on a contingency fee basis under the retainer agreement. This means that the client pays nothing up
front. The lawyer will take his or her
fee at the end of the case out of any recovery.
LIMITATION ON LAWSUIT THRESHOLD
Most New Jersey residents have a limitation on lawsuit
threshold on their auto insurance policy.
A limitation on lawsuit threshold prevents those injured in a car
accident from filing a lawsuit against the party that caused it unless they fall
into one of six exceptions:
- Death
- Dismemberment
- Significant Disfigurement or Scarring
- Displaced fracture
- Loss of a Fetus
- Permanent Injury (an injury to a body part that has not and will not healed to function normally)
THE PERSONAL INJURY LAWSUIT
After signing up with a NJ Personal Injury Attorney, the
lawyer will have to collect the client’s medical records and review the law to
determine whether there is a case. This
is based upon the lawyer’s opinion and many times lawyers disagree. Assuming there is a case, the lawyer will
file a Complaint on behalf of the client.
It is then incumbent upon the defendant to file an Answer. The discovery period begins as well. Discovery is the period in which the
plaintiff and the defendant exchange information. In a car accident case, this generally involves
exchanging medical records, answering written questions, answering oral
questions at a deposition and undergoing medical examinations. The discovery period can take over a year to
complete.
ARBITRATION
Once discovery is over, the matter will go to
arbitration. Arbitration is like a
mini-trial before an arbitrator. An
arbitrator is an experienced lawyer in the community with no connection to the
case who is selected at random to review it.
Witnesses can testify before the arbitrator. Medical records are reviewed by the
arbitrator. A decision will then be made
by the arbitrator as to how much the case is worth.
THE TRIAL
Arbitration in non-binding and, therefore, either party can
reject the arbitrator’s decision. If
either party rejects the arbitrator’s decision, the matter will be listed for
trial. Most trials for car accident
cases are over within a week. At trial,
witnesses such as the plaintiff, the defendant, the medical doctors, witnesses
of the accident, experts, etc…are called to testify. The lawyers for the plaintiff and the
defendant will give opening and closing statements as well. Following the closing statements, the jury
will then decide the issues. In a car
accident case, the issues generally pertain to who was at fault for the
accident, whether the plaintiff’s injures met the limitation on lawsuit
threshold and how much to award in compensation.
So, when does the car accident case settle?
A car accident case can settle at any moment during this
entire process. There are many, many
factors that go into when and whether the case settles. Unfortunately, it varies on a case-by-case
basis. Sometimes, it doesn’t settle and
a trial is necessary.
If you have been injured in a NJ car accident, it is a good
idea to discuss the matter with a NJ Personal Injury Lawyer. The Sloan Law Firm handles auto accident
cases in Dunellen, Edison, Highland Park, New Brunswick, Old Bridge, Perth
Amboy, Piscataway, Sayreville, South Plainfield, Woodbridge and throughout
Middlesex County, New Jersey and can be reached at (908) 358-2938 to discuss
any matter.
The Sloan Law Firm is based in Cranford but handles personal injury matters in Cranford, Roselle Park, New Providence, Kenilworth, Elizabeth, Toms River, Belleville, New Brunswick, Old Bridge, Edison, Jersey City, Woodbridge, Keyport, Bloomfield, Lyndhurst, Perth Amboy, Passaic, Brick, Wayne, Lakewood, Irvington, Morristown, East Orange, Freehold, Paterson, Newark, Clifton, Winfield, Fanwood, Garwood, Eatontown, Long Branch, Keansburg, Marlboro, Holmdel, Tinton Falls, Shrewsbury, Rutherford, Flemington, Rockaway, Cranbury, South Orange, Princeton, Ridgewood, Somerville, Hackensack, Bridgewater, East Brunswick, Parsippany and throughout New Jersey.
Sloan Law can be reached at (908) 358-2938 to discuss any matter.