HOW THE INSURANCE COMPANY WILL ANSWER YOUR PERSONAL INJURY COMPLAINT

If you are pursuing a personal injury claim, whether it be from a car accident, truck accident, construction accident, a workplace injury, a slip and fall, or any other type of accident which resulted from another party's reckless or negligent actions, one of the first steps you and your Morris County personal injury attorney will perform is to file the initial personal injury complaint.

The initial personal injury complaint outlines the facts of the case, the responsible parties who you are seeking compensation from, and how their actions lead to your injury. It is now the insurance company's turn to respond, and they may do so in a number of ways.

Assigning an Insurance Adjuster to your Morris Township Personal Injury Case

The first step the insurance company will take is to assign one of their adjusters to your case. The adjuster's job is to prepare a defense for the insurance company, and reduce the amount of money the insurance company will pay you as much as possible. The insurance company will also hire a lawyer to prepare it's legal response to your Chatham personal injury case.

The "Answer" to Your Randolph, NJ Personal Injury Case

The insurance company's law team will now prepare their response to your personal injury complaint, known as an "answer". The answer will address each of your allegations outlined in the initial personal injury complaint, either by admitting that they are true or denying their validity. The answer can also potentially contest the facts of your case as you outlined them in your initial complaint, and when applicable, dispute your assertions of why the other party is liable for your injuries.

Commonly Used Tactics to Fight or Delay Your Parsippany, NJ Personal Injury Case

Insurance companies and their lawyers often resort to certain tactics in order to minimize their responsibilities to you, or delay your case enough that the financial pressure you are under causes you to settle for a lower amount than you deserve.

One common tactic is to point fingers at other, potentially liable, parties. This is done both to reduce their own monetary obligations, as well as delay the resolution of your personal injury lawsuit. This is why it is critical that you and your Morristown personal injury attorney identify all potentially liable parties from the outset of your case, and include them in your personal injury complaint. If those parties are present in your initial complaint, your personal injury case cannot be delayed while the court reviews additional potentially liable parties as asserted by the insurance company.

Another commonly used tactic is to attempt to shift blame towards you, the plaintiff. This is in an attempt to use New Jersey comparative negligence laws against you. Comparative negligenceallows for individuals who may have been partially responsible for their injuries to still seek compensation from other liable parties, as long as they do not hold the majority of the responsibility. However, compensation is reduced equal to the percentage of responsibility the plaintiff is determined to have, so if an insurance company can show that you were 25% responsible for your accident and the resulting injuries, they will pay you 25% less than they would have had to otherwise.

If the insurance company is going to use comparative negligence as a way to reduce their own financial responsibilities to you as a method of defense, they will declare their intentions to do so in their answer to your complaint, and you and your Montville personal injury attorney can begin preparing accordingly to ensure you receive the compensation you need and deserve.

The Discovery Phase of the Personal Injury Process Morristown, NJ Attorneys

Now that the insurance company has answered your personal injury complaint, it is up to you and your Morris County personal injury lawyer to develop a strategy for proving all of the necessary elements of your case, and presenting the best case possible so that you receive the necessary compensation. Your case will now proceed to the discovery phase, where both sides exchange relevant evidence, and eventually a trial date will be set for your case.

It is important to remember that you can settle your case any time before it goes to court if the insurance company is willing to make you a favorable offer. The pressure of a public lawsuit against them, the strong case your attorney is preparing, and the possibility of a large jury awarded settlement can all cause an insurance company to present you with a fair and reasonable settlement before your case ever goes to court.

Contact a Morris County Personal Injury Attorney Today

At the Law Office of Smith & Doran, we have extensive experience helping clients in towns like Randolph, Parsippany, Morristown, Roxbury, and the surrounding areas to fight large corporations and insurance companies, and receive the compensation they need and deserve for their injuries.

Founding partner Robert A. Smith personally handles all personal injury cases. Robert Smith is a New Jersey Supreme Court Certified Civil Trial Attorney, an elite award held by only 2% of the active lawyers in the state. It signifies his excellence in the field of civil law, his skills in the courtroom, and his ability to communicate with clients.

At Smith & Doran, we believe that by maintaining regular and informative communication with our clients, we can build an honest and personal relationship with you which allows us to pursue the most effective and favorable settlement possible.

To speak with Robert Smith and the personal injury team of Smith & Doran today, contact us onlineor through our Morristown office at 973.261.6254.

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The Law Offices of Smith & Doran, P.C.
60 Washington Street, Suite 302
Morristown, NJ 07960

Phone: 973-532-2661
Fax: 973-292-9168
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