Frequently Asked Questions
Personal Injury Attorneys FAQs
Welcome to the Passaic Injury Pros FAQ page. Here, we address some of the most common questions our clients have about personal injury claims, accident claims, and working with our injury attorneys.
After the injury takes place, it is important that you seek medical attention.
If you are not taken to the hospital immediately, consider going to the emergency room later that day or the next day. You could also go to an urgent care or your primary physician. The sooner you document your physical complaints, the better.
Take pictures or videos of the accident scene. Also, try going around and asking for the contact information of witnesses to the accident. If there are local businesses in the area, inquire as to whether they have surveillance footage of the accident.
Do not apologize or acknowledge guilt to anyone involved in the incident. We acknowledge that this may seem like the right course of action. Remember, however, that anything you say can be used against you.
You should schedule a meeting with an attorney to go over your options if you think the other party is at fault.
Passaic Injury Pros provides free consultations with attorneys to help plan the best course of action for your personal injury claim.
If you are wondering whether you have a case or not, try reaching out to an attorney and having a consultation to discuss your situation in detail.
Through the consultation process, your lawyer will be able to inform you about the parties you can take legal action against and the potential compensation you could receive. This will solely depend on the facts of the accident and the law of New Jersey.
Generally speaking, if someone caused you harm because of negligent behavior, you will have a case.
Although applying this standard seems straightforward, it is more difficult than it seems, which is why speaking with an attorney is crucial.
In summary, if you do not feel injured at the scene, you might still have a case. The reason for this is the biological response to a traumatic situation. Some people may feel a sudden rush of adrenaline in the body, which can temporarily reduce sensations of pain.
This could result in feeling the pain or developing other symptoms long after the accident occurs. This is why it is important to see a doctor even if you are not experiencing severe pain right away, as some of the most serious injuries take time to manifest themselves.
Never speak to the other party’s insurance company or investigator. Despite their seeming kindness and sympathy, all they are attempting to do is illicit statements from you that could damage your case and reduce or eliminate their insured’s liability.
If an insurance adjuster reaches out to you, the best option is to tell them to contact your attorney, if you already have one. If you have not yet secured your attorney, tell them you are in the process of hiring an attorney and will provide them with that information soon.
This is also applicable if the other party or their attorney contacts you.
Personal injury damages are monetary compensation that an injured party may receive from another party who is at fault for their injuries. The goal of these damages is to restore the injured party to the position they were in before the injury, as much as possible.
Compensatory damages are the main type of damages. This is expanded to two categories; economic damages and non-economic damages.
Actual, observable expenses and losses determine the economic damages. This covers future treatment costs, property damage, lost income and earning capacity, and medical expenses.
Non-economic damages are more subjective. This includes emotional distress, physical pain, and a diminished quality of life.
To be awarded, damages must be measurable in a reasonable manner as opposed to being purely hypothetical. In addition to compensatory damages, you can also be entitled to punitive damages if the defendant’s actions were particularly heinous. These are intended to penalize the offender and discourage behavior of this kind.
Although they are rarely granted, punitive damages have the potential to be significant. This is only allowed to surpass compensatory damages to the extent specified by the constitution.
The value of your case cannot be determined until the accident has been fully investigated and your medical treatment and testing has concluded. The value of your case will depend on the specific nature of your injuries, treatment, and additional facts of the case.
Once you have consulted with a personal injury attorney, you can ask for a rough estimate. This is based on similar cases that they have handled.
However, it is most likely what you will receive is a vague and qualified answer. It is against the law for lawyers to promise how much money they will win in a lawsuit or to make any other kind of outcome guarantees.
Furthermore, an additional question is how much you can collect. This also depends on several other variables. This includes your insurance, the assets of any at-fault parties, and their insurance limits.
If another person caused the accident, you may still be entitled to compensation. You can hold someone else responsible for exacerbating the pre-existing ailment, but the damages may be lowered to reflect it.
The question of whether someone without your condition would have been injured is moot since someone who interacts with you accepts you as they find you.
However, because these situations are typically more complicated and may call for the involvement of specialists, it is especially crucial to hire an attorney.
A release is a written agreement you sign to get the settlement funds. This essentially means that you waive any claims you may have about this accident against any defendant and their insurance.
It is important to note that a release typically extends to claims against any possible defendant, including a person not participating in the case, in addition to any defendant you sued or who paid a settlement.
Your spouse might also need to sign the release if you’re married.
There shouldn’t be a significant wait between receiving your check and your settlement. After signing the settlement agreement, the majority of insurers will send out the check within a week or two since they want to swiftly close their claims file.
Whether the insurer holds out on sending the check until they have received your signed release could affect the timetable. If you are represented by an attorney, they will prepare a settlement statement once you get the check.
This will list the entire amount received after deducting the case expenses, attorney fees, medical liens, or any other required deductions.
Following your approval and signature on the settlement statement, the lawyer will mail you a check for your portion of the settlement.
Whether the insurer holds out on sending the check until they have received your signed release could affect the timetable. If you are represented by an attorney, they will prepare a settlement statement once you get the check.
This will list the entire amount received after deducting the court costs, attorney fees, insurance company reimbursements, and any other required deductions.
Following your approval and signature on the settlement statement, the lawyer will mail you a check for the balance.
Following a car accident, you might be eligible to use your Personal Injury Protection (PIP) policy. Following any kind of injury, you may be eligible for medical payment coverage or health insurance coverage.
You can use your workers’ compensation benefits if you were hurt at work. Workers’ compensation insurers are entitled by law to be paid back out of the proceeds of any settlement you end up receiving.
Finally, if you have no insurance, your attorney may be able to help you to locate a physician or hospital who will treat you without insurance on the condition that they are compensated out of any settlement you end up with.
The insurance of the person who caused the accident will not pay for your lost wages in the immediate aftermath. If you were hurt in an automobile accident or any other type of motor vehicle accident, you may be able to use PIP coverage, depending on the language of your insurance policy. Alternatively, your employer or the State of New Jersey might be able to provide you with short- or long-term disability payments.
You may be eligible for several types of compensation if you are injured at work. Most of the time, your employer will be able to provide you with workers’ compensation benefits.
These will pay for some of your missed wages as well as your medical expenses. In addition, workers’ compensation may offer lump sum payments for specific kinds of disabilities or accidents, as well as support with vocational rehabilitation.
Should your accident have been caused by someone other than your employer or a coworker, you could be able to pursue a separate personal injury claim against that third party. For instance, if a piece of equipment at work caused you harm and it was defective, you could be entitled to take the product manufacturer or seller to court.
Although you may be entitled to reimbursement from the settlement of that claim for workers’ compensation, it is normally wiser to pursue a personal injury claim (if applicable), as you will often receive a higher settlement than you would from workers’ compensation.
If you were injured in the accident or the at-fault party is denying responsibility, you should consult an attorney.
You should not risk going without legal representation if there is a significant injury or amount of money involved. In cases requiring expert testimony—like most personal injury cases—an attorney will almost always be required.
If you claim involves property damage only, you may be able to settle it without an attorney. For instance, you might have been involved in a rear-end collision when the motorist in the rear was obviously at fault and there were no injuries. By going it alone and negotiating with the insurance company, you may be able to settle the property damage claim properly.
You shouldn’t be concerned that you won’t have enough cash to hire an attorney. Most personal injury lawyers accept cases without charging you anything; instead, they take a percentage of whatever settlement or verdict they win for you.
Therefore, the lawyer only benefits from the case if you do, and there is very little risk to you. It’s called a contingency fee agreement. Although it varies, an attorney’s cut of a settlement is often between 30 and 33 percent. If you go to trial, it might be higher.