Recovering from an injury is more than just physical—it’s financial and emotional. Securing fair compensation allows you to focus on healing and rebuilding your life.
Knowing the steps you should take can make a difference in your legal claim when accidents happen. New Jersey has regulations that affect personal injury claims, and the process can feel overwhelming. Understanding what to do after an injury ensures you protect your rights and set yourself up for the best possible outcome.
Seek Medical Attention Immediately
Your health and well-being come first. After an injury, the most crucial step is to seek medical care, even if you don’t immediately feel pain. Many injuries, like concussions or soft tissue damage, may not show symptoms right away. Documenting your medical treatment establishes a clear connection between the incident and your injuries.
Additionally, medical records serve as key evidence in your claim. Insurance companies often argue against compensating injuries that lack formal medical documentation.
Follow Up With Specialists if Needed
Follow your doctor’s recommendations for follow-ups with specialists, physical therapy, or additional procedures. Consistent treatment reflects the seriousness of your injuries and can impact how damages are assessed.
Report the Incident Promptly
It is essential to report the incident to the appropriate parties. If the injury occurred in a car accident, report it to law enforcement and obtain a copy of the accident report. For workplace injuries, inform your employer as soon as you can, then file a workers’ compensation claim.
In premises liability cases, like slip-and-fall incidents, notify the property owner or manager immediately. Request an incident report be created and ask for a copy.
Gather and Preserve Evidence
Evidence is the backbone of a strong injury claim. Start collecting information right away. Document injuries, the accident scene, and contributing factors, like icy sidewalks or vehicle damage, with photos and videos.
Collect Witness Information
If there are any witnesses, ask for their contact information. Witness statements can bolster your claim and provide crucial third-party validation of your version of events.
Keep Records of Expenses
Hold onto receipts and invoices for any expenses related to your injury. That can include medical bills, transportation costs, and any out-of-pocket expenses. These records help quantify the financial impact of the injury.
Notify Your Insurance Company
Call your insurance company to inform them about the incident as soon as possible. However, be careful when speaking to insurance adjusters; they may use your statements against you to minimize their payout. Avoid discussing fault or the seriousness of your injuries. Stick to the facts.
Consulting a legal professional may be necessary to deal with complex cases like a commercial truck collision. For example, a truck accident lawyer in Washington can help navigate the intricacies of such claims, ensuring you don’t settle for less than you deserve.
Understand New Jersey’s Statute of Limitations
New Jersey’s statute of limitations is generally two years from the date of the incident for personal injury. Going past this period can result in losing your right to file a claim. Some exceptions exist, such as for minors or cases involving government entities, which may have different timelines.
Determine Fault and Liability
New Jersey subscribes to a modified comparative negligence rule. That means you can claim compensation even if you were partly at fault, provided your liability is 50% or less. However, the total damages will be reduced based on your share of the blame.
For example, if you’re awarded $100,000 in damages but are found 20% at fault, you would receive $80,000.
Fault assessment varies by scenario. In car accidents, fault may be divided if drivers engage in behaviors such as distracted driving, speeding, or committing traffic violations. Property owners can be held responsible for premises liability cases if they fail to maintain safe conditions on their premises. When it comes to injuries sustained in carrying out your duties as an employee, workers’ compensation generally covers injuries regardless of fault. But there may be cases where third-party claims are possible if another party’s negligence contributed to the incident.
Consult an Attorney for Guidance
Although handling some claims independently is possible, consulting a seasoned personal injury attorney can greatly improve your chances of receiving fair compensation. Legal representation can:
- Handle communication with insurance companies.
- Gather and analyze critical evidence.
- Take your part during settlement negotiations or at trial.
According to the Insurance Research Council, individuals with legal representation receive settlements that are, on average, 3.5 times larger than those without. Additionally, the IRC found that 85% of all insurance payouts for bodily injury claims went to individuals with an attorney. That demonstrates the importance of not just hiring any lawyer, but a personal injury lawyer. You are more likely to get fair compensation when you work with specialist firms like Telaré Law.
Consider Settlement Options Carefully
Insurance companies often offer settlements early to minimize payouts. While a quick settlement might seem appealing, ensuring it covers both current and future health costs related to your injury is important. Consider the following factors:
- The severity and extended impact of your injuries
- Medical expenses and ongoing treatment needs
- Lost wages and diminished earning capacity
If the offer doesn’t reflect the full extent of your losses, you have the right to negotiate or pursue litigation.
Protect Your Digital Footprint
Social media posts can undermine your claim. Defense teams often review public posts to find inconsistencies in your statements. Avoid posting updates about your injury, activities, or feelings until your case is resolved.
Know What to Expect During Litigation
Most injury claims settle out of court, but some proceed to litigation. If your case goes to trial, you can expect:
- Pre-trial discovery: Both sides exchange evidence and take depositions.
- Mediation efforts: Many courts encourage mediation to resolve disputes before trial.
- Court proceedings: A judge or jury reviews the evidence and determines the outcome.
Litigation can be lengthy, but a skilled attorney will help you prepare and keep you informed throughout the process.
When Recovery Begins
Recovering from an injury is more than just physical—it’s financial and emotional. Securing fair compensation allows you to focus on healing and rebuilding your life. By following these steps and seeking the right legal support, you can confidently navigate the claims process and work toward a future free of the burdens caused by your injury.
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