If you have been injured in an accident caused by another person’s negligence, a major issue that arises is your ability to collect compensation for your damages. While most personal injury cases in New Jersey are resolved in a settlement or mediation, depending on the circumstances, going to court may be your best or only option to recover compensation for your injury. There are several ways that you can be awarded damages, so understanding your rights and legal options is crucial. Continue reading and speak with an experienced New Jersey injury attorney to secure skilled representation and legal advice today.
How Can I Recover Compensation for My Injury?
You have several options to recover compensation after sustaining an injury, depending on the details of your situation. Consider the following.
- PIP: If your injury arose from a car accident, you can file a claim with your own PIP (Personal Injury Protection) insurance to collect compensation for your injury-related expenses. Keep in mind that this will not cover any other compensation like property damage, pain and suffering, or psychological damage.
- Negotiate a settlement: Negotiating and settling with the negligent party’s insurance is one of the most common ways that you can secure compensation after an injury. Their insurance provider may offer you a settlement to cover your associated expenses and losses, which you can counter until you reach an agreement.
- Alternative dispute resolution: You can implement several ADRs, like mediation or arbitration, to discuss the situation and negotiate a satisfactory outcome.
- Going to court: Another way to recover compensation after an injury is by filing a personal injury lawsuit and presenting your argument in court. There, you and your lawyer will provide evidence of how the other party was negligent and the damages that you suffered as a result.
Do I Have to Go to Court to Get Compensation for an Injury?
While going to court is one option, it is not the only way to recover compensation after sustaining an injury in an accident. You will generally only wind up in court if you cannot reach a satisfactory agreement with the insurance company or if you choose to file a personal injury lawsuit against the negligent party.
Going to court can be a beneficial way to collect damages, and a jury generally awards higher amounts of compensation than insurance providers. However, a trial can also take much longer to resolve and cost more in legal fees than settling outside of court.
While a lawsuit can be lengthy, expensive, and draining, in some cases, it may be the only way to ensure that you are fairly compensated for your injuries, especially if the damage is long-term or permanent. It is important to understand the risks and limitations of accepting a settlement and waiving your rights to further legal action.
To learn more about your legal options and what is best in your case, reach out to an experienced personal injury attorney today.
