Many personal injury claim are lost not because the victim was on the wrong but because they made a couple of serious errors. Avoiding these pitfalls is vital if you want your case to succeed. We look at some of the most common errors.
Failure to Hire an Attorney
Some claims might seem so straightforward that hiring an experienced new jersey personal injury lawyer appears unnecessary. Also, lawyers are often depicted as expensive. If your finances are stretched, hiring a Vineland personal injury lawyer would probably not sound appealing. Hiring a personal injury attorney should be the natural choice. Unlike many other lawyers, personal injury attorneys do not charge you upfront and only receive a fraction of your settlement if the case is ruled in your favor. This minimizes your financial risks.
Disengaging from The Process After You Hire a Lawyer
At Rosner Law Offices, P.C., we adhere to the highest standards of the legal profession and consider the pursuit of our client’s interests our number one priority. However, even we discourage clients from completely abandoning the case once they commit it to our lawyers’ hands.
Your participation throughout the process is crucial. This not only ensures you keep abreast of developments but can also be called upon to provide useful nuggets of information. The information could increase the odds of the case being ruled in your favor. Do not hesitate to question your attorney whenever something is not clear. Some aspects of the legal process are technical but most can be easily explained to the ordinary person.
Assuming That Heading to Court Is a Fait Accompli
Personal injury claims usually culminate in a transfer of money to one party. As such, one would anticipate an antagonistic process that must be fought in the courtroom. However, if there was a way to settle the claim before heading to courts, this would be in the best interest of everybody. The court process is tedious, expensive and can be protracted. Approach the case with an open mind and give your lawyer the leeway to negotiate an out of court settlement. Trial should be the absolute last resort.
Getting Time Barred
Personal injury claims have a statute of limitations meaning they have to be filed within a certain period from the date of injury for them to be valid. In New Jersey, that window of opportunity is 2 years. If you or your loved ones are faced with serious injuries, you are likely to first focus on the treatment and rehabilitation process. In the grief of the moment, filing paperwork for claims seems like a low priority issue that can be done later.
Prioritizing the saving of the person’s life is non-negotiable. However, once the victim has been stabilized and is receiving treatment, their loved ones must commence the form-filling necessary to lodge the claim within the required timeframe. It is important to note that certain injuries may be exempt from the statute of limitations since they might be discovered years after the event. A good example is a surgical error.
You could fail to file a complete claim either by mistake, an unwillingness to offend your employer or an expectation that you could file an additional claim in future. One of the reasons a lawyer is crucial is they can help you cover all angles from the outset. Your injuries might have long term effects that should be factored in your compensation. The injuries might prevent you from working for the rest of your life.
All these must be quantified because once you sign acceptance of the settlement, it automatically bars you from seeking additional compensation in future. If your manager intimidates you at work because of your claim, do not back down. That harassment could in fact be something that your attorney can bring up in court so most organizations will not tolerate such underhand tactics.