When you are injured in an accident in New Jersey, most of the time, your own insurance pays for your medical expenses. Being a "no-fault" state, your own insurance policy is used, first, to cover your medical care and lost wages. The entire process is generally standard and straightforward where an injured party receives a settlement out of court and the case is closed. 

However, there are situations where a lawsuit may be filed. This could stem from you or your attorney not being able to come to an agreement with the insurance company, prompting legal action and taking the claim all the way to trial. Or, you file a lawsuit against the other negligent party because your insurance coverage was not adequate. You could have possibly suffered a "serious" injury. 

In these situations, you may need to file a lawsuit or even a separate claim to cover your losses in full.

You may or may not be aware of all your legal options after an accident that has resulted in injury. The attorneys at Brandon J. Broderick, Attorney at Law, have vast knowledge of injury law. Call us today for a free consultation.

Should I File a Claim or a Lawsuit?

Many things occur at once when you are hurt in an accident. It could feel overwhelming, especially if someone else is to blame and your expenses are piling up. Should you bring a lawsuit or a claim?

Although it's simple to mix up the two or use the phrases in the same sentence, they are not the same. Knowing the distinction between a claim and a lawsuit will help you decide what to do next if you are involved in an accident.

When filing a claim, you are making a formal request for compensation, usually from an insurance company following an accident, and both sides will agree on a settlement – most of the time. In lawsuits, a party (known as the plaintiff) sues another party (known as the defendant) for compensation, and the decision is resolved in court.

Some disputes are better resolved through the claims procedure, whilst other disputes call for civil lawsuits. Your choice may be influenced by the amount of compensation you are requesting, the case's details, and what is required to secure a successful outcome.

If you have a complex case, we recommend that you speak to an experienced New Jersey personal injury attorney, such as Brandon J. Broderick. We can answer questions and give you some clarity about your specific case.

The Claims Process 

Submitting a claim to the insurance provider of the negligent party is only effective if you have insurance.

In New Jersey, having insurance is required and is a "no-fault" state, so you must submit a claim with your own insurance first. But not all of your damages may be covered by your insurance policy. If the accident was caused by one party acting negligently, you might be able to sue them if your injuries were severe enough. The at-fault party would rely on their liability insurance to cover the expenses.

From here, you do the following:

File a Claim

The insurance provider must be informed of your intention to submit a claim. Speak with an attorney before you take this step, as you want to submit the correct information and provide information that will strengthen your case, not the opposite. You only want to submit your claim when you have a clear understanding of the losses, your injuries, and the full cost of everything related.

Accept or Decline Offers

The initial settlement offer you receive from an insurance company may be low. At that point, you can accept, reject, or counteroffer. Accepting the claim typically entails agreeing that you won't seek any further compensation relating to the accident. After a first offer, the best option is typically to make a counteroffer.

Before you receive their final offer, some back and forth may be necessary before both sides come to an agreement. If a settlement cannot be reached, you may need to launch a lawsuit.

Filing a Lawsuit

There are several reasons why people decide to pursue personal injury lawsuits. The insurance company dismissing the claim, refusing to negotiate reasonably, or ceasing negotiations entirely are a few reasons you commonly see. Your losses surpass either your own or the other party's insurance coverage is another important factor.

Generally, only those who have suffered serious injuries will benefit from filing a lawsuit. Because personal injury lawsuits take time to conclude – sometimes years – many people decide to go through the claims process instead. It is, however, occasionally the only choice.

These are the steps for a lawsuit:

INITIATING THE LAWSUIT

This may add some confusion, but lawsuits start with the filing of a claim. When you submit a claim with the courts, the formal procedure starts. The court then sends a copy of the case to the opposing party.

NEGOTIATION, ARBITRATION AND MEDIATION 

The other party has two options for replying. They can first request a private settlement, in an attempt to forgo a trial. As an alternative, the defendant may push back and file a response.

Negotiations may take place, with both parties discussing the proposition of settling if an agreement can be reached. In order to facilitate a resolution, mediation involves a third party in the conversation. The third option is arbitration, which also enlists a third party to assist in the decision-making process but does it on your behalf. If an agreement cannot be reached, court proceedings will be initiated.

LITIGATION

When a case is litigated, it is taken to court where a judge and jury hear the arguments from both sides. The verdict and damages judgment are decided by the jury.

Litigation over personal injury claims can be difficult and require numerous stages. It is in your best interest to hire legal representation in such cases.

Schedule a Free Consultation To Get Help with Your Personal Injury Claim 

Think about your situation before you begin negotiating with an insurance provider. A skilled New Jersey personal injury attorney such as the team at Brandon J. Broderick, Attorney at Law, have the skills that will benefit your case, especially if you have incurred medical expenses, lost income from missing work, or if you require future medical care.

Why take a chance on receiving inadequate compensation? You have nothing to lose. We only get paid if we win your case. We work on contingency.

For a free consultation, call us today and we can help you understand what you're up against and give you a fighting chance. Our track record of success with personal injury settlements and our dedication to client care speaks for itself.