For many people, choosing to move forward with a personal injury claim is a new experience. You’re going to have a slew of questions about what to expect during the process, how long it’ll be and of course, what kind of outcome you can expect. At the Law Offices of Richard A. Stoloff, we’re here to help guide you through the process so that your questions are answered at every turn. Below, we provide a helpful overview to help you understand what to expect if this is your first time moving forward with a personal injury claim.
What is the Process of a Personal Injury Case?
When you’ve decided to move forward with a claim, here is what you can expect:
- The defendant is served a copy of the complaint (usually taking a few weeks)
- The defendant answers the complaint; they have one month to file their answer with the court
- Both the defendant and plaintiff’s attorneys will exchange evidence with one another; this is called the discovery process and can take several months or up to a year depending on the circumstances
- The trial starts
Of course, there are different processes that may occur throughout this timeline if the defendant files a motion to dismiss the complaint or after the trial concludes, one of the parties files an appeal.
How Long Will My Car Accident Case Take?
The answer: it depends. In many instances, car accident cases settle before ever going to trial. If both sides agree on the extent of the damages the plaintiff is suing for, the case will most likely settle after the deposition. However, that is not always the case. In some situations, the defendant may want to make the case difficult for the plaintiff out of spite or principle, which will drag the case out unnecessarily.
Determining Who is At-Fault for the Accident
In many states, proving who is at-fault for the accident is an important component of a case, however, New Jersey is a “no-fault” insurance state. This means that regardless of who is determined to be at-fault for the accident, each driver’s individual insurance carrier will be responsible for paying medical bills. However, most times, the compensation the insurance company will pay out is not nearly enough to help you get by comfortably. This is because insurance companies are focused on their bottom line; they are in the business of making a profit and they can’t make a profit if they’re paying you a ton of money for your claim.
So, as a result, it’s often necessary to move forward with a personal injury claim so you can recover what you’re rightly owed.
In order to determine fault in any type of car accident, the following criteria must be met:
- The defendant owed a duty of care to the plaintiff
- The defendant broke that duty of care
- The plaintiff suffered damages as a direct result of the breach
- The damages suffered by the plaintiff are able to be compensated (i.e. lost wages, medical bills, etc).
Contact an Atlantic City Personal Injury Lawyer to Discuss Your Car Accident Case in New Jersey
Did you or a loved one sustain serious injuries due to a car accident in the state of New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at the Law Offices of Richard A. Stoloff represents clients injured because of a car accident in Atlantic City, Hamilton, Hammonton, Ventnor City, and throughout New Jersey. Call (609) 601-2233 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 605 New Road, Linwood, NJ 08221, as well as an office in Philadelphia, PA.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.