What Steps Must You Take To Seek Compensation?
You’ve been involved in an accident or suffered some type of injury because of the carelessness of another person. You may be unable to work, now or for the foreseeable future. You may have extensive medical bills, some of which are not covered by insurance. You may experience substantial pain and suffering, making it difficult or impossible to do many of the things you enjoyed before your injuries. You have a right to seek full and fair compensation for your losses. How do you file a personal injury claim in New Jersey?
Get the Medical Attention You Need
Before you do anything, you must make certain that you get all the medical attention you need, whether at the emergency room of a local hospital, at an urgent care facility, or in the offices of your primary care physician. To successfully recover compensation for your losses, you need to document your injuries. Seek immediate medical care—the longer you wait, the greater the likelihood of jeopardizing your claim.
Hire an Experienced Personal Injury Lawyer
The sooner you retain qualified legal counsel, the better your chances of getting the compensation you need. A proven personal injury attorney will be your advocate in all matters, including any interactions with insurance companies. Your lawyer will know if and when you should seek benefits through your own insurer and when you can make a claim directly against the at-fault party’s insurer.
In addition, an experienced lawyer will move quickly to gather and preserve relevant evidence and make certain all documents are filed in a timely manner. Your lawyer may even be able to negotiate a settlement that meets your needs without filing a lawsuit or going to trial.
File a Legal Complaint
If your lawyer is unsuccessful in negotiating a settlement, you can file a civil complaint for the damages you suffered because of the accident. Your attorney will prepare and file the complaint in New Jersey Superior Court, citing the facts that caused you to suffer injury, as well as the potential losses you have suffered.
Once the complaint is filed, the defendants have a certain amount of time to respond. If they fail to respond in the allotted time, you can seek a default and request a proof hearing to enable the court to assess damages. If they file a timely response, you’ll move toward trial:
- The court will typically set a time period for discovery, a process in which the parties gather evidence.
- The court will entertain motions by either party for the exclusion of evidence, dismissal of claims, or summary judgment.
- If the matter cannot be settled, the case will go to trial.
Contact Attorney Howard N. Sobel
At the office of Howard N. Sobel, we aggressively advocate for people in New Jersey who have suffered any type of personal injury because of the negligence of another person. Contact our office online or call us at 856-424-6400 to set up a free initial consultation. Evening and weekend appointments can be arranged upon request. We accept all major credit cards.
Named a New Jersey Super Lawyer Every Year 2010—2025
