Pursuing compensation after an accident can be challenging enough, and making mistakes can complicate things further. By clearly understanding the steps to take, you can avoid setbacks, strengthen your case, and improve the likelihood of achieving a fair outcome that provides the financial support you deserve. This process begins at the accident scene.
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Get a Medical Evaluation
Immediately following the accident, call 911 for help. Even if your injuries appear minor, some symptoms may take hours or even days to show. If ambulance transport is not needed, visit a medical provider as soon as possible. That way, your injuries will be evaluated and treated; you also have a medical record that can be used as vital evidence later.
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Document the Accident and Preserve Evidence
If possible, gather evidence at the scene to form your claim’s foundation. Exchange information with anyone else involved, including their phone numbers, vehicle registration, and insurance card. Photograph the scene, including weather conditions, traffic signs, skid marks, property damage, and your injuries. Be sure to keep your medical bills, repair receipts, and other accident-related expenses organized.
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Consult With a Personal Injury Lawyer
Call your insurance agent to report the accident, but refrain from admitting guilt or elaborating on details; stick with the facts. Speaking with an experienced personal injury lawyer early in the process can make a significant difference in your case. They can explain your legal rights, evaluate the strength of your claim, and handle communication with insurance companies on your behalf.
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Investigating and Building the Case
Your lawyer can conduct a detailed investigation into the circumstances of the accident. This often includes reviewing medical records, gathering photographs and documents, interviewing witnesses, and consulting with experts when necessary. The goal is to build a strong, evidence-based case that clearly supports your claim for compensation. A thorough investigation gives your lawyer leverage in negotiations and helps prepare for trial if litigation becomes necessary.
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Filing a Claim and Negotiating a Settlement
Many personal injury cases are resolved before reaching trial through negotiation. The process begins by filing a claim with the at-fault party’s insurer, which requires documentation of your injuries and losses. From there, your lawyer works with the insurance company to pursue compensation for medical treatment, lost income, and pain and suffering.
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Filing a Lawsuit and Beginning Discovery
If a settlement cannot be reached, your lawyer may recommend filing a lawsuit. Once a lawsuit is filed, the “discovery” process begins. Discovery involves both parties exchanging information through depositions, written questions, and document requests. This stage clarifies the strengths and weaknesses of each side’s case and influences the direction of settlement talks or preparation for trial.
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Going to Trial
If negotiations remain unsuccessful, the case proceeds to trial. Here, both parties present evidence, call witnesses, and make arguments before a judge and possibly a jury. Trials can be lengthy and complex, but they provide an opportunity to have your case heard and decided by an impartial authority.
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Verdict and Compensation
At the conclusion of the trial, a verdict will determine whether the defendant is liable and, if so, the amount of compensation awarded. Once judgment is entered, the focus shifts to enforcing that judgment and collecting the damages. This step finalizes the legal process, helping you move forward with the financial support needed to recover from the accident.
Frequently Asked Questions:
What Should I Do if the Insurance Company Contacts Me?
Only provide basic facts about the accident and avoid admitting fault. Let your lawyer handle detailed communication to protect your rights.
How Long Do I Have to File a Personal Injury Claim?
Deadlines vary depending on the type of case, but in New Jersey, most personal injury claims must be filed within two years of the accident.
Will My Case Go to Trial?
Many personal injury cases settle before reaching trial through negotiations with insurers. However, if a fair settlement cannot be reached, our Monmouth County personal injury lawyers will be prepared to present your case in court.
Experienced Monmouth County Personal Injury Lawyers at Lombardi & Lombardi, P.A. Can Walk You Through the Legal Steps Toward Pursuing a Successful Claim
If you need legal help with a claim, contact our Monmouth County personal injury lawyers at Lombardi & Lombardi, P.A. For a free consultation, call today at 732-906-1500 or contact us online. With office locations in Brick, Freehold, Edison, and Toms River, New Jersey, we proudly serve clients across the state, including Point Pleasant.
