Do I Have to Go to Court for a PI Claim?
If you have been injured due to another’s negligence, you have a personal injury claim. Call an attorney to learn more about the process.
Accidents are unfortunately much more common than they should be. Car accidents, truck accidents, slip and fall accidents, and other personal injury accident types are a leading cause of injury and death in our state. While nothing can undo the harm that you have sufferedas a result of an accident, you may have grounds to bring forth a personal injury claim. By filing a personal injury claim, you may be able to recover monetary compensation for the value of your economic and noneconomic losses. Here is what you should know about the process and whether filing a personal injury claim will require you to go to court.
Personal Injury Claims 101
A personal injury claim is a type of civil suit (no criminal penalties) in which one party alleges that the other has caused them injury due to an act of negligence, and therefore should be liable for any damages suffered as a result. Most personal injury claims involve the claimant (the injured party), the defendant (the allegedly at-fault party), and an insurance representative for the defendant. This is because defendants do not typically pay damages out of pocket; instead, their liability insurance company is responsible for settling claims on their behalf.
Do I Have to Go to Court?
If you are thinking about filing a personal injury claim, you may be wondering whether or not you will need to litigate your case in court. While no one can tell you the answer to this in advance, statistically, it is more likely than not that your case will settle out of court.
Most claims settle out of court through the settlement negotiations process. During settlement negotiations, the claimant (represented by a personal injury attorney in most cases) and the insurance adjuster assigned to the claim will go back and forth in an attempt to negotiate a settlement on which both parties can agree. While the process could take many weeks or even months, most of the time, parties are able to find an agreement.
It is only when an agreement cannot be reached that filing a lawsuit and bringing a case to court for litigation is necessary. If this happens to you, your attorney will make a recommendation about whether you should litigate your case and, if so, will provide representation throughout the entire process.
Note that if you do decide to file a lawsuit, you must do so within the statute of limitations for personal injury claims in New Jersey.
Call Our Personal Injury Attorney Today
At the office of Lomurro Law, our personal injury attorneys in New Jersey know what you are going through and understand that you have questions about the claims process. To learn more, please reach out to our team directly for the help that you can trust. You can reach us by phone or online—consultations are always offered free of charge.