If you are involved in a significant auto accident, you likely feel as though your life is crumbling. You might have to spend an extended period of time in the hospital for medical treatment. You might miss several days, weeks or months at work. Even if you are discharged in a timely manner, you might not be able to return to work at full capacity right away. The pain from the accident makes matters that much worse. However, it is important to remain hopeful during this difficult period of your life. Meet with the legal experts to obtain an understanding of how claims are resolved and you will have more than a glimmer of hope. Our car accident attorneys will fiercely advocate on your behalf to obtain the compensation you deserve following your auto accident.
The Statute of Limitations
The statute of limitations is the most important deadline in auto injury cases. This deadline sets the time the state provides to pursue a lawsuit. When it comes to personal injury cases, the statute of limitations is set firm at two years from the date on which the accident occurred. There are only a few exceptions to this deadline. As an example, if a minor is involved in the accident and does not have the ability to file a lawsuit, the statute of limitations is moved two years beyond the date at which the youngster reaches the age of 18. However, this extension is not applicable to connected claims for compensation as established by the youth’s parents. As an example, out of pocket expenses for medical care and lost wages stemming from caring for the injured youth do not qualify.
A separate deadline is for instances in which an individual who works for a government agency is charged with negligence while operating a motor vehicle: 90 days are available to file a Notice of Claim in the quest to obtain compensation from the state or any municipal wing.
Putting the Lawsuit Into Motion
The mere willingness to file a lawsuit tells the insurance company you are insistent on obtaining the compensation you deserve. The option of heading to court must be available for situations in which settlement negotiations stall. In most cases, the insurance company forces the plaintiff’s hand by refusing to provide a realistic settlement offer prior to the expiration of the statute of limitations.
Our legal team might file the paperwork for a lawsuit in an attempt to preserve your rights prior to the lapsing of the statue of limitations. Your legal representative will work on your behalf to persuade the insurance provider to settle on a mutually beneficial financial agreement. The transmission of a demand for compensation must be completed prior to the attorney commencing the settlement negotiations. The attorney has to understand the entire value of the injury claim. This dollar figure will not be fully realized until you have attained what the industry dubs as MMI or maximum medical improvement. This means once the injuries completely heal or you reach your full recovery, the total value of the claim can be calculated with flawless accuracy.
Certain injuries have a long-lasting impact including pain, significant disability, scarring and limited range of mobility. Such problems might necessitate additional treatment as time progresses. Once you have fully recovered, the true financial cost of all medical care and medical devices can be determined. The upcoming medical costs for continued treatment can also be calculated at this point. As soon as your attorney has collected all of this data including relevant billing, the entirety of your medical treatment can be documented in full. This information is essential to creating the initial demand sent to the insurance provider.
The Initial Demand
The initial demand is the first move in settling an auto accident. The insurance company analyzes the claim, determines if the evidence your attorney has provided is sufficient and completes additional research. This information is analyzed when drafting a formal response to the demand letter. The response typically details a low-ball counter-offer. Low-ball counter-offers should not be taken as a sign of impending doom. Rather, this low offer represents a starting point. In most cases, the insurance company will raise the offer in due time to avoid the exorbitant costs of going to court.
In most situations, settlement negotiations ramp up when the paperwork to commence the lawsuit is initially filed. A pre-trial conference to cover the discovery (question/answer) portion of the lawsuit occurs prior to the trial’s start. It is still possible to reach a settlement prior to the point in time at which the jury delivers the decision in the case. It does not matter if the trial has already started or has yet to commence. The bottom line is you can still settle even after filing a lawsuit. The mere fact that you are willing to take the matter to court is a sign you are intent on obtaining compensation. This initial action just might be enough to persuade opposing counsel to agree to a fair settlement offer and ultimately get your life back on track.
Being injured in a New Jersey car accident can be scary, financially difficult, and physically painful for all involved. Be sure to hire a skilled New Jersey personal injury attorney such as Richard D Schibell to fight for the monetary compensation you deserve, so that you can focus on your recovery.
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