© 2017 by Kearns Duffy & Vaccaro, P.C.

 Disclaimer

  • Facebook Social Icon

Personal Injury

Personal Injury

 

It is a fact of life that people occasionally are injured as a result of the negligence of others. These injuries can cause major disruptions in people’s lives. The negligence of others cause pain and suffering, lost wages and permanent injury.

With ninety million cars on the road and with each of those cars averaging a distance of nearly fifteen thousand miles per year, it is not surprising that automobile accidents are the most frequent cause of personal injury. Of course, the problem is compounded in a densely populated state like New Jersey.

When property owners do not take proper care of their property, this failure can cause injury to their patrons. When manufacturers design defective and dangerous products, they should not be able to escape liability for the injuries they cause to their consumers.

Personal injury claims have received bad publicity of late. However, when these critics are, themselves, injured, they will be the first ones in line demanding compensation for their pain and suffering.

UNINSURED MOTORIST COVERAGE

 

The most important automobile insurance that you have is your uninsured/underinsured motorists coverage. Studies have found that approximately 50% of all drivers in New Jersey, including most of the worst drivers, had little or no coverage.

It is critically important that every client (and every client’s friends and relatives) make sure that their automobile insurance policy is a “no threshold” insurance policy and that they have at least $300,000 of “underinsured” and “uninsured” motorists coverage.

Uninsured and underinsured motorists insurance coverage is extremely reasonable in price and is a must for anyone who is concerned about their well being and the well being of their family and loved ones. If you are grievously injured, through no fault of your own, and the defendant is uninsured and has no assets, the only way you will be able to provide for your family is if you can make an uninsured motorist claim.

If you have any questions concerning this coverage, please consult our office.

A personal injury lawsuit, like any lawsuit, involves many important steps. A quick summary of these steps are as follows:

1. INVESTIGATION
Photographs of the motor vehicle involved in the accident and, in some cases, the area of the plaintiff’s fall are taken. This type of evidence is extremely valuable in assisting insurance adjusters, and a jury, in understanding how the accident happened and the force of the collision.

2. RECORDS & REPORTS
We obtain, on your behalf, copies of all police reports, rescue squad records and emergency room records.

3. INTERVIEWS
All available witnesses are interviewed a short time after the accident. Occasionally, it is necessary to obtain signed statements.

4. ACCIDENT RECONSTRUCTION
In certain cases, it is necessary to hire an accident reconstruction expert to establish the standards required and show how the defendant breached these standards. In all cases, it is necessary to obtain expert reports from medical providers.

5. INSURANCE CLAIMS
Once the documentation in the proper steps is gathered, a formal demand is made to the insurance company. Occasionally, an insurance company is willing to reasonably discuss settlement and the case ends at this point, if not…

6. COMPLAINT
If the case does not settle directly with the insurance company, we will file a legal complaint asserting all appropriate claims. We can include a “loss of consortium” claim for the spouse of the injured party.

7. DISCOVERY
During the lawsuit process, we demand “discovery” from all parties including interrogatories, depositions, document production and admissions.

8. SETTLEMENT CONFERENCES
During the lawsuit process, a matter will be listed for arbitration and, occasionally, settlement conferences. We prepare comprehensive settlement brochures that detail the basis for liability and damages.

9. TRIAL
Even though the majority of cases settle well before trial, occasionally a personal injury claim will have to be presented to a jury. It is our experience that a well prepared case has more value before a jury.

DOS & DON’TS:

 

If you retain our office to represent you in connection with your claim, we can obtain the best possible results for you if you observe the following:

DO NOT discuss your accident with anyone. Refer all persons who seek information to our office.

DO keep records on all your medical, hospital, or other bills and forward these bills directly to your insurance company. If you have any difficulty with your insurance company, contact us immediately.

DO contact us promptly in the event of any new developments.

DO contact us about filling out forms and giving proper cooperation and assistance to your own insurance company.

DO tell your doctor not to give out any information regarding your case without your written authorization.

DO NOT go to police hearings or court before consulting with us.

DO NOT attempt to contact the defendant directly. All communications to the defendant will be made through this office.

DO NOT throw out any documentation you receive regarding this claim, either from this office or your insurance company. Set up your own file for keeping all these records.

DO NOT forget, if you move, make sure you contact this office with your new address and telephone number.

DO NOT sign anything in connection with this case without first contacting our office.