Personal Injury and Accident FAQs
NEW JERSEY PERSONAL INJURY AND ACCIDENT CASE QUESTIONS
- How soon after an Accident or Injury should I get a Lawyer?
- What should I do when an insurance company calls after an injury?
- The person from the insurance company was so polite and sympathetic and told me they won't pay me any more money if I get a lawyer...and the lawyer will actually cost me money. Is this true? Why do I need a lawyer?
- How much will attorney's fees cost me?
- Can I go to any Doctor I want or does my insurance company get to pick?
- Will the other person's insurance company pay my medical bills?
- Will the other person's insurance company pay my lost wages?
- Will the other person's insurance company pay me an "advance" for my injuries and then reach a final settlement later?
- What if it turns out my injuries are worse than I expect many years from now?
- How much income tax do I have to pay from my Personal Injury settlement or jury award?
- How long will my Personal Injury case last, from beginning to end?
- If a lawsuit is filed, does this mean I am going to trial?
- What if I'm hurt on the job? Can I sue for "pain and suffering"?
- How much is my case worth?
- What factors are considered in putting a value on my case?
- What are “liens” or “subrogation liens”?
1. How soon after an Accident or Injury should I get a Lawyer?
As soon as possible, call Keefe Bartels Clark. Injury case consultations are always free of charge. When you are injured, whether it's an auto accident, fall down, construction accident, nursing home neglect case, defective product or other injury matter, insurance companies immediately engage in investigation to prevent you from winning a recovery. The longer you wait to retain a lawyer, the more time the insurance company will have to prepare a defense against your claim without the legal protection of an experienced accident law firm.
2. What should I do when an insurance company calls after an injury?
Do not take their call. Instead, immediately contact an experienced accident case law firm to advise you and protect your rights. Often the insurance company behind the one who caused your injury will contact you to take a statement which they will then use against you later. The insurance company investigator will look to gather information from you to prevent you from obtaining a recovery later in court. Do not give a statement to an adverse insurance company. To protect yourself, call Keefe Bartels Clark right away. Insurance investigators seem sympathetic and helpful and often discourage you from contacting an attorney. Do not be misled: these are trained professionals, not your friend. They are not there to help you; they are there to limit or eliminate a recovery you may otherwise be entitled or eligible for.
3. The person from the insurance company was so polite and sympathetic and told me they won't pay me any more money if I get a lawyer...and the lawyer will actually cost me money. Is this true? Why do I need a lawyer?
Never forget that the insurance company's person is working only for the insurance company and it is their job to see to it you get little or no recovery. If making that happen means being nice to you, they certainly will be. The goal of an insurance company is to sell policies to people and businesses to afford coverage and collect premiums while never having to pay a cent for either defense or indemnification. Such maneuvering follows the “unholy mantra” of the insurance industry, as characterized by Judge Baime, that "we collect premiums; we do not pay claims." Owens-Illinois, Inc. v. United Ins. Co., 264 N. J. Super. 460, 491 (App. Div. 1993), aff'd in part, rev 'd and rem'd in part, 138 N.J. 437 (1994). Don’t be fooled and don’t fall into that trap - hire an experienced accident lawyer without delay. What's good for the insurance company is almost always bad for you. Without an attorney, the insurance will try to settle with you quickly and cheaply. Keefe Bartels Clark will work for you, investigate for you, negotiate for you, and if necessary, litigate and work hard to resolve your case at a premium to you.
4. How much will attorney's fees cost me?
Most accident and injury cases at Keefe Bartels Clark are taken on a contingency basis. This means you are not required to pay any attorney fee unless we recover for you. A contingency fee is a percentage of the money we recover for you. This way, all accident victims can hire an experienced attorney to battle the insurance company lawyers and doctors. While the percentage can vary depending on the circumstances of the case and any fee applications made to the Court, the fee is usually about one third of the net recovery.
5. Can I go to any Doctor I want or does my insurance company get to pick?
In auto accident cases, your P.I.P. insurance company has no right to choose your treating health care provider or doctor. You can go to any doctor you want. In other kinds of injuries, you may have to choose a doctor who is on your list of preferred providers or primary care physicians depending on the type of health insurance you have. Keefe Bartels Clark can review this with you and help you make a sound determination.
6. Will the other person's insurance company pay my medical bills?
It is highly unlikely they will as the case or claim is on-going. However, “out of pocket” medical bills may be factored into the value of your case, a final evaluation and ultimately settlement of your case.
7. Will the other person's insurance company pay my lost wages?
Again, probably not as the case is going on, but "out of pocket" wage loss and lost earning ability should also be factored into a final value evaluation and settlement of your case.
8. Will the other person's insurance company pay me an "advance" for my injuries and then reach a final settlement later?
No, they will not normally do this. If the "at-fault" insurance company pays at all, it will usually be a lump sum at the end of the case and it is final.
9. What if it turns out my injuries are worse than I expect many years from now?
Usually personal injury settlements are final at which time you will be required to sign a full general "Release" of all claims. The same is true of a jury awarding you money. There are however a number of exceptions to this and you should consult with an experienced accident law firm for your particular situation. For example, Keefe Bartels Clark can negotiate a structured settlement, which will pay you or your heirs damages periodically for the rest of your life and beyond.
10. How much income tax do I have to pay from my Personal Injury settlement or jury award?
You should consult with a tax professional on this. However, it is generally understood that compensation for pain and suffering in a personal injury case is considered compensation, not a gain, and therefore awards in personal injury cases should almost always be tax-free.
11. How long will my Personal Injury case last, from beginning to end?
The length of the case can vary greatly based on a number of factors including the nature and extent of your injuries and required medical treatment, the nature and circumstances of your case, the number of parties involved, the court the case is filed in, the number of judges available to hear cases, motion practice and a multitude of other factors. However, generally speaking a personal injury case can take anywhere from 6 months to four years to resolve. Often Keefe Bartels Clark may attempt to settle your case before filing suit where feasible. This usually comes after an average of 4-6 months of regularly-scheduled medical treatment, which will end when the Doctor releases you at, Maximum Medical Improvement (“MMI”).
12. If a lawsuit is filed, does this mean I am going to trial?
No. Roughly 80-90% of lawsuits never go to trial. They are either settled or thrown out of court on summary judgment or dismissal motions.
13. What if I'm hurt on the job? Can I sue for "pain and suffering"?
If you are injured on the job due to your own fault, nobody's fault, or the fault of your employer or co-employees, your only recourse is a Worker's Compensation claim...and you cannot be compensated for "pain and suffering"-type damages. However, if you are injured on the job due to the fault of a Third Party (such as another automobile driver unconnected to your Employer), then Keefe Bartels Clark can file a Third Party claim and seek the full slate of damages, including "pain and suffering."
14. How much is my case worth?
The value of a case differs from case to case and client to client. For a more detailed explanation how the value of an accident case is determined, visit our What’s My Accident Case Worth? section.
15. What factors are considered in putting a value on my case?
The value of your case is dependent upon a number of factors, including:
a. How the accident happened;
b. The degree of fault, apportioned between the participants in the accident;
c. The nature, degree, and severity of injuries;
d. When, where and how faithfully you obtain medical care;
e. Your lifestyle, interests, hobbies and activities before and after the accident;
f. Your ability to work before and after the accident;
g. Your medical history: any prior problems to the same areas of body;
h. Your litigation history: any prior personal injury claims;
i. Your work history;
j. Your life expectancy and;
k. A multitude of other factors, the list could be endless.
16.What are “liens” or “subrogation liens”?
In the personal injury accident case context, “liens” or “subrogation liens” are a charge, hold or claim against your personal injury settlement to “pay back” monies that have been paid to you in connection with your accident. So for example, in New Jersey if you had an accident at work and received benefits under workers compensation such as for temporary lost wages or medical treatment, and you settle a related personal injury case, the workers compensation insurance company will be entitled to a return of about 2/3 of what they paid out on your claim. This is called a “workers compensation lien.” Similarly, if you received medical benefits from the federal Medicare program for treatment of injuries sustained in an accident, and you settled a related accident lawsuit, Medicare will have a lien on that. That is called a “Medicare lien.” Consult with the experienced New Jersey trial lawyers at Keefe Bartels Clark for more information.
