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Frequently Asked Questions About Personal Injury Law

Trying to recover from a major injury can be overwhelming. However, you should still be aware of your legal rights.

Whether you need to know if you have a claim or how to pursue it, Deitch & Perone, P.C., can guide you. Contact our firm in West Long Branch or Scotch Plains for a free case review.

Will my personal injury claim take care of my bills?

If you secure the maximum value of your claim, it should cover the medical costs, property damage and other expenses related to the accident. However, insurance companies do not always give claimants what they deserve. Working with an experienced lawyer can help you get compensation that covers the full extent of your bills.

What is a statute of limitations?

The statute of limitations is the time period in which you can file a personal injury lawsuit. The clock starts ticking on the date of the accident or, in some cases such as medical malpractice, the discovery of the injury. While a lawsuit is not always necessary, preparing for the possibility is smart.

Even if your deadline is a few years away, there are multiple steps to complete before starting a lawsuit. Therefore, it is important to begin pursuing a claim as soon as possible after an accident. Starting early gives you and your lawyer time to find evidence, try to negotiate a fair settlement and prepare for trial when necessary.

How does the court decide if someone is liable?

Generally, courts in New Jersey determine whether someone is liable for injuries if:

  • They had a duty toward the plaintiff, such as the duty to obey traffic laws or post a “wet floor” sign after mopping.
  • They failed in that duty. For example, they ran a red light or did not post necessary safety signage.
  • Their failure caused an accident or injury, which, in turn, damaged the plaintiff.

As a plaintiff in a personal injury lawsuit, it is vital to have evidence that shows how the other party was negligent. An attorney can work to seek evidence such as medical records, witness testimony, crash scene reconstruction, photos and more.

When will I start getting financial support?

Every case has a unique compensation situation. If an insurance company offers you compensation for your claim outside of court, you could receive a check for the full amount relatively quickly. However, if you won a lawsuit against an individual party, collecting your award may be difficult. The defendant might not have the full amount available. In this case, an attorney can help you seek ways to obtain your full payment in a timely manner.