How Do I Initiate An Auto Injury Claim In New Jersey?
You will need to obtain the police report which contains information you will need for your claim such as the names and address of the parties and witnesses, the insurance companies involved, the location of the accident, information about fault for the accident, any summonses issued, etc. You should make sure you seek medical treatment as soon as possible after the accident and that you tell your medical providers about all of the complaints you have had a result of the accident. You should notify your automobile insurance company about the accident as soon as possible so that they can begin to process your medical bills right away to avoid any delays in medical treatment. You should also determine which insurance company will be resolving the property damage claim.
It is a good idea to speak to a personal injury lawyer as soon as possible after the accident. Even though it may be too soon to actually file a lawsuit or even to start discussing your claim with the other party’s insurance company, talking to a lawyer early on will ensure that you do what is necessary to preserve your claim and that you receive the appropriate medical treatment that will support your claim.
What Is Fault? How Will It Impact My Auto Accident Injury Case?
The mere happening of an accident does not mean that you can make a claim against someone and receive money damages. In order to obtain compensation from another party, you must be able to prove that they were negligent in causing the accident. Negligence is generally defined as doing something a reasonable person would not have done under the same or similar circumstances or failing to do something a reasonable person would have done under the same or similar circumstances.
You may be able to recover money damages even if you were partially at fault for the accident. In New Jersey, comparative negligence is applied to determine the respective percentages of negligence of each party. If your negligence is determined to be fifty percent or less you are still entitled to recover damages but your damages will be reduced by your percentage of negligence. For example, if you and the other driver are each fifty percent at fault for the accident, you would recover fifty percent of the total value of your claim. If you are determined to be twenty percent responsible and the other driver is determined to be eighty percent responsible, your damages would be reduced by twenty percent but if you are determined to be sixty percent responsible and the other driver forty percent responsible, you would not be entitled to recover anything.
How Soon Does Someone Need To Seek Medical Treatment After An Injury/Accident? What’s The Consequence Of Waiting “Too Long”? How Long Is Too Long?
There is no hard and fast rule about how long you can wait to seek medical treatment but keep in mind that the insurance company will look for as many reasons as possible to deny or minimize your claim so it is important to seek medical treatment as soon as possible after an accident. This will eliminate the possibility that the insurance company will question whether the injuries are related to the accident. Even if you are not sure if you are injured, going to the emergency room right after the accident is usually a good idea. For one thing, it is not unheard of for someone not to realize immediately after the accident that they have been injured or not to realize the full extent of their injuries so getting checked out is always a good idea. In addition, it is very important to document your complaints to show that they started at the time of the accident. It is still possible for additional symptoms to occur with the passage of time. As soon as you notice new symptoms that you believe could be related to the accident, you should seek medical care as soon as possible. Insurance companies always question substantial gaps in treatment so it is important to see your doctor in a timely manner. It is also very important that you tell your medical providers about all of your complaints, however minor they may seem. A common sense approach is always good. An insurance adjuster will be skeptical if you first complain about back pain six months after an accident so if you have any pain at all, make sure it is in your medical records.
If The Insurance Company And My Attorney Agree Upon A Settlement, How Long Will It Take Before I Receive A Settlement?
In this age of modern technology, most claims can be processed very quickly. The insurance company will require that you sign a release before they will issue payment. By law, an insurance company must pay a claim within ten days of receipt of the signed settlement release. Your attorney is responsible for certain disbursements from the settlement so in most cases, the settlement check will be made payable to you and your attorney. Your attorney will have you endorse the check and it will be deposited into the attorney’s trust account. After the check clears, usually five business days, your attorney will disburse the settlement funds.
For more information on Auto Accident Claims In New Jersey, A Free Case Evaluation is your next best step. Get the information and legal answers you are seeking by calling (908) 923-0020 today.
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