There is much work to do before you ever file your personal injury lawsuit in Lyndhurst. Let us handle pre-filing tasks like collecting evidence, tallying damages, and writing the complaint. While we do that, you can focus on getting the right medical treatment, which will yield medical evidence for your case.
Settlement negotiations are typical for personal injury lawsuits. They happen after the discovery phase of a case where either side exchanges evidence. Trials follow unsuccessful settlement negotiations, which may happen when defendants refuse to increase their offers. Whether your case settles or goes to court, you can help it by continuing medical care, staying off social media, and enlisting our lawyers right after an injury.
Get a confidential and free case review from Agrapidis & Maroules, P.C. by calling our personal injury lawyers at (201) 777-1111.
What Happens Before I File a Personal Injury Lawsuit in Lyndhurst?
We need to prepare your lawsuit before filing it, so let us start collecting evidence and tracking your damages right away.
Collect Evidence
Give us any evidence or information you have, like photos or eyewitnesses’ contact details. Eyewitnesses may testify if your case goes to trial. Their testimony is strong evidence, especially when corroborated by photos and videos.
Many common accident locations have cameras nearby. For example, a fall at a café might be caught by the establishment’s security cameras. We can send preservation letters to video owners, demanding they keep any relevant footage.
Tally Damages
When you file an injury lawsuit, you request specific compensation. Because of this, we must tally your damages before filing. Medical damages may be the most consequential, though lost wages are also detrimental. We can calculate the former using hospital bills and the latter using income records.
Our personal injury lawyers also factor in non-economic damages. Injuries are often painful and distressing. You might deal with anxiety or depression afterward because you cannot work, play with your kids, or do your favorite physical activities. Never underestimate your non-economic damages, and let us calculate them for your case.
Write the Complaint
We also have to write the injury complaint we will file in court. Complaints initiate lawsuits, and they must contain specific information. After naming the defendant, we will summarize the facts of the case. We will state what happened during the accident, how the defendant was negligent, and how their negligence has affected you, the plaintiff.
What Happens During My Personal Injury Lawsuit in Lyndhurst?
Personal injury lawsuits can be lengthy and complicated, and we can help you navigate your claim and get a fair recovery.
Discovery
The discovery phase starts after we file. It gives both sides the chance to request information, exchange evidence, review documents, and even question witnesses during depositions. Statements you make during a deposition are recorded and may be referred to during a trial. Their accuracy is crucial, and we can make sure you are prepared.
Settlement Talks
After discovery comes settlement talks. If discovery revealed our case’s strength to the defense, they may offer a sizeable settlement soon. Still, be wary of initial settlement offers, as they are typically low. This is normal, so do not be discouraged if the first proposal you get leaves out crucial damages.
Negotiating a settlement may take weeks or longer, depending on the defendant’s willingness to cover enough damages. We will alert you to any fair offers, and help you decide whether to accept. Signing a settlement agreement ends your lawsuit, so it should favor you as the victim.
Trial
Injury lawsuits go to trial when defendants refuse to pay enough in a settlement. At trial, we will present our case to the jury. We will have witnesses testify, which may include you and other eyewitnesses. You can testify about the accident and its aftermath, especially your non-economic damages.
Juries award damages when they find defendants liable. After reviewing the evidence, the jury can give as much compensation as it sees fit since New Jersey does not limit economic or non-economic damages.
How Can I Help My Personal Injury Case Succeed in Lyndhurst?
While our lawyers handle preparing and litigating your personal injury lawsuit, there are several things you can do to help your case succeed.
Do Not Accept Fault
If plaintiffs share fault for their injuries in New Jersey, their damages can be reduced proportionally under N.J.S.A. § 2A:15-5.1. Furthermore, if the plaintiff is more at fault, their recovery is barred completely. While apologizing after a bad car crash or other accident might be instinctual, even if you are not at fault, refrain from doing so.
Continue Medical Treatment
Your injuries may require more than one trip to the emergency room. Take follow-up care seriously, and get all necessary treatments. Otherwise, there may be gaps in your medical records. If your injuries then worsen and you need even more treatment, the defendant might refuse to cover those damages in a settlement.
Stay Off Social Media
Posting online about an accident or your injuries is inadvisable. The same is true of posting any pictures or videos of you doing physical activity that might worsen your injuries. During a trial, social media posts might be used against you to undermine claims of pain and suffering and other damages. Staying off social media throughout your personal injury lawsuit is best and can protect your recovery.
Enlist Our Lawyers
You can also help your case by calling us immediately. Though § 2A:14-2(a) gives plaintiffs two years to file lawsuits, we may need much of that time to prepare yours. Furthermore, the sooner you enlist our lawyers, the more likely we can preserve crucial evidence for your case, like eyewitness statements and surveillance footage.
For Help with Your Case, Call Our Lyndhurst Injury Attorneys
Call Agrapidis & Maroules, P.C. at (201) 777-1111 for a free case discussion with our personal injury lawyers.