When one person causes another person bodily injury, the victim could file a personal injury claim. Filing the claim allows the injured party to recover losses, such as medical expenses or lost wages. The average New Jersey resident may have a vague idea about personal injury litigation but lacks a clear understanding of how the process works. In general, the would-be plaintiff could follow an established path to seeking a bodily injury claim.
The steps to filing a personal injury claim
The circumstances surrounding the injury could guide how someone files a claim. Often, personal injury cases focus on an insurance settlement. A car accident victim may follow a different path than an individual who suffers a slip-and-fall accident in front of a home.
With auto accidents, the victim might face requirements to file an insurance claim against his or her policy per New Jersey law. Accidents involving homeowners or business liability insurance would not involve personal injury protection (PIP) found on an auto insurance policy.
Aspects of personal injury claims
Whether filing an insurance claim or a personal injury lawsuit, the victim may benefit from presenting compelling evidence. Gathering evidence might involve more than providing photographic evidence or eyewitness statements. Medical records could substantiate the health care expenses and pain and suffering.
An insurance company may face requirements to pay, but the provider might try to offer a low settlement amount. Serious negotiations could become necessary to receive fair payment for injuries.
Filing the claim becomes subject to the state’s statute of limitation requirements. Once the statute of limitations passes, the ability to sue might be impossible.