Injury settlement process: an overview

Following a major event like a workplace accident, slip and fall, motorcycle crash or motor vehicle accident, your medical expenses and other bills might pile up quickly. As such, you can choose to file a personal injury lawsuit to recover damages so you do not carry the financial burden of all the medical and rehabilitation bills, disability accommodations or lost wages from work.

During this difficult time, knowing the timeline of the injury settlement process in New Jersey can help bring more understanding of what is happening with your case.

Calculating total losses

Once you notify the appropriate authorities and document the evidence, seek the help of legal counsel. The counselors can guide you through the settlement process to ensure that you get the compensation you deserve. While you are working through a settlement, both the insurance company and the attorneys analyze the following to determine a proper payment:

  • Loss of consortium
  • Past and future medical bills
  • Costs for vehicle repair
  • Lost wages, from work missed or in the future
  • Pain and suffering
  • Insurance policy limits
  • Evidence of fault and damages

Settlements vs. trials

Personal injury parties usually prefer to settle instead of going to trial. They would prefer to avoid losing in court. Through the settlement process, they can instead avoid the stress of the courtroom and receive compensation. The attorney and the client negotiate until they reach a settlement.

The statute of limitations in New Jersey allows for two years from the date of the accident to file any personal injury claims.