Personal Injury Law FAQs

If you are able, regardless of the type of accident, take photographs with your mobile device. If you are unable to do so, ask someone at the scene to do this for you. For example, in an auto crash, take photos of each car, including the license plate of the other car. If there is any debris on the road from a damaged vehicle, take a photograph. If you suffer a fall, take a photo of the defect that caused you to fall. If your accident is witnessed, get names and contact information of the witnesses.

Only a skilled personal injury lawyer can advise you if you have a valid personal injury case. All lawyers practicing in the field of personal injury offer consultations without a charge. And, if you engage an attorney, they will handle the case on a "contingent fee" basis, meaning that you only compensate the attorney if they recover compensation for you.

There are two types of damages in a personal injury case: economic damages and non-economic damages. Economic damages are items such as medical bills and loss of earnings. These damages can be calculated mathematically. Non-economic damages are those which the public usually refers to as "pain and suffering". These damages are for past, present, and future pain and suffering, permanent disability, loss of enjoyment of life and permanent injuries.

Generally speaking, lawsuits for claims arising from a car crash, fall, dog bite accident and construction accident have to be filed in Court within two (2) years from the date of the accident. This is commonly referred to as the statute of limitations. Other types of injury cases may have a shorter time deadline.

Approximately 95% of all civil cases are settled without a jury making a decision. Many cases settle before a trial depending upon the facts of the case.

The process is case sensitive. The lawyer for the injured party obtains all necessary medical records and diagnostic studies and prepares an outline or brochure of the case with a demand and provides it to the adjuster assigned to the case. The adjuster reviews it, obtains settlement authority from a supervisor or a committee and makes an initial offer. The attorney speaks with their client and provides their evaluation of the case along with the offer, and the negotiations continue until an acceptable resolution is made.

In auto crash cases, medical expenses are paid by your own insurance company. If your auto benefits run out, your health insurance kicks in. If you don't have health insurance, your unpaid medical bills become an item of damages in your case. In a fall or dog bite case, health insurance pays your medical bills. There are many exceptions and nuances that may apply in your case.

Once a client finishes their medical treatment, it is possible to settle a case within a couple of months thereafter by direct negotiations with the insurance company for the responsible party. Some cases warrant filing a lawsuit to collect a settlement. In these cases, it might take more than two years to resolve the case.

Photographs, videos, medical records, radiology reports, and witnesses are important examples of evidence that can support a claim for injuries.

Gerald Siegel has been practicing personal injury law for more than 45 years. David Siegel has been practicing personal injury law for more than 15 years. Our easy Middlesex Mercer Personal Injury Law Firm handles most types of common accident claims.

We primarily handle auto crashes, auto crashes involving uninsured and underinsured motor vehicles, bus accidents, accidents involving commercial vehicles, slip and fall accidents, dog bite cases, construction accidents, accidents involving substantial damages such as herniated discs, spinal fusion surgery, fractures, traumatic brain injuries, and wrongful death, etc.

We have an extremely high success rate due to our case selection and careful trial preparation.

We review the entire case with the client in person or via Zoom before the proceeeding. We discuss the strengths and weaknesses of the case based upon the evidence. We provide a copy of the relevant file material to the client for depositions and trial. We try to predict what the opposing attorney will enquire about. We practice with the client by playing the role of the opposing attorney.

Very simply, absolutely. We practice almost exclusively in the field of personal injury and workers compensation.

We strive for transparency in our evaluation of the case. We inform the client of the strengths and challenges of their case. We review the evidence concerrning the fault of the other party, the client's medical evidence and the defense's evidence.

Yes, if a client needs a referral to a physician, we have a variety of resources throughout the state. Some examples are medical doctors, radiologists, orthopedists, neurosurgeons, orthopedic spinal surgeons, orthopedic surgeons who perform fracture repair, shoulder and knee repairs, pain management doctors, chiropractors, MRI facilities, independent medical evaluators, neuropsychologists, psychiatrists, clinical psychologists, economists, and vocational experts.

We handle all personal injury and workers compensation cases on a "contingent fee" basis. Virtually every lawyer handles personal injury cases in this manner.

Absolutely!

Information may be exchanged between us by in person meetings, videoconferencing (Zoom), telephone or by email.

When you engage us, you will be assigned a member of our support staff and an attorney, either Gerald Siegel or David Siegel.

The best way to communicate is by email, telephone calls with your attorney or your assigned support staff person, meetings via Zoom and in person.

You are the focus of our representation. Please update us periodically concerning the status of your medical treatment, whether you have been referred for any type of testing, and whether you have been referred to any new doctors. We are available to answer your questions even if you feel uncomfortable or uneasy about asking them. We would rather you ask questions than take action on your own that may harm your case.

Each case is different but there are always out of pocket costs to prosecute an accident case that are not part of the legal fee. Some examples are police reports, certified medical records and narrative medical reports from treating or consulting physicians. Please ask us what costs may be incurred to handle your case.

We advise against speaking with the other party's insurance company about your injuries. Many of them will urge you accept a minor offer to get your name on a document releasing your rights to a fair settlement.

The simple answer is "yes". There is no specific requirement that you go to a hospital "right away." Sometimes pain may not appear until the following day, or even several days later. If you have pain from an accident, it is advisable to get checked out medically as soon as you can. This could be at a hospital emergency department, an urgent care center or by your personal doctor. Waiting too long can negatively impact the value of your case.

The simple answer is "no!" The insurance companies search social media as part of their investigation. And, in a lawsuit, the defense attorney will seek information concerning your participation in social media and social media posts.

Take photographs of the accident scene, vehicles, defects in condition of property and your visible injuries. Keep a record of the name and address of your medical providers and the dates of service. Keep a journal of your pain and interruptions in your activities of daily living.

If you are injured in a car crash and the at fault party is not insured, you can make a claim against your own insurance company for protection that you purchased called "Uninsured Motorist Bodily Injury benefits.

You can bring claims for pain and suffering and emotional distress if there is a physical injury from an accident.

If you are injured at work, you will be entitled to workers compensation benefits. Those include medical treatment, temporary disability benefits if you are unable to work and an award or settlement at the end of the case for permanent disability. Generally speaking, you cannot sue your employer for pain and suffering.

Yes, with proper documentation. We do this on a regular basis with minors and incapacitated people.

Generally, there is a presuit stage and a lawsuit stage. The presuit stage is an investigatory stage, where we advise you, develope initial case strategy, obtain medical records and monitor your treatment. The lawsuit stage is when we file a lawsuit. The defendant is served, written questions called interrogatories are exchanged by all parties, medical authorizations and loss of earnings information are provided, depositions are taken, medical exams take place, Court Arbitration is scheduled, Mediation may take place and ultimately a Trial is scheduled if the case does not settle.

You can't reopen a personal injury case once it settles, but there are circumstances where you can reopen a workers compensation case.

Yes, if supported by the medical and economic evidence.

In very serious cases, medical doctors, economists and life care plan experts can be engaged o document your losses.

Yes. they are paid out of the client's share of the settlement at the end of the case. Such liens may include Medicare liens, Medicaid liens, Workers Compensation liens and certain types of health insurance liens.

Yes. Examples of factors that could cause delays, especially once a lawsuit is filed are prolonged treatment of the injured party, obtaining medical reports from doctors that are very busy, complicated cases where there is more than one defendant, disagreements concerning the value of a case, and a shortage of judges or clogged calendar in the county where the lawsuit is filed.

You should not speak with the other party's insurance company before speaking with a lawyer. They are only seeking information without giving you any benefit in return. A typical trick some insurance companies will use is to offer to pay you a small amount for your inconvenience in order to have you give up your rights to pursue the full value of your case.

Generally, your own auto insurance company pays your medical bills up to the policy limit. If you don't have a car and you are a passenger in an insured vehicle, the host driver's insurance company will pay your medical bills. If you are a pedestrian that does not have a car, the insurance company for the car that struck you will pay your medical bills. If your auto insurance benefits are exhausted, your health insurance will pay your medical bills?. If your auto insurance is exhausted and you don't have health insurance, then you can pursue recovery of your medical expenses from the at fault party's insurance company.

This is generally a bad idea. The cost savings isn't worth it, especially if you have the type of health insurance where you have to pay back the health insurance company out of your settlement. If your health insurance card says 'self-insured plan", you will have to pay back every dollar the plan pays.

Typical examples are Medicare, Medicare Advantage Plans, Medicaid and Workers Compensation insurance.

It is a limitation on your right to sue for pain and suffering when an accident is caused by the negligence of the owner and operator of a private passenger vehicle, when the injuries are not particularly serious.

Yes. When a person tragically dies, loses a limb, has a displaced fracture of a bone, a traumatic abortion, a significant disfiguring scar, or an injury to the soft tissues of the body, such as discs, nerves, muscles, ligaments and connective tissue where there is "objective medical evidence of an injury, it may be possible to sue.

Objective medical evidence means evidence that is not dependent on an injured person's complaints alone, which are considered "subjective". Some Examples of "objective medical evidence" are the results of MRI, CT Scan, X-rays, and EMG.

Bulging discs, herniated discs, protruding discs, ruptured discs, torn ligaments, and torn cartilage are some good examples.

No, the owner and operators of commercial vehicles do not have the protection of the limited threshold when they cause injuries to an innocent driver, passenger or pedestrian.

There are two main reasons. If the injured accident victim receives a substantial amount in settlement, they may not want greedy family members, friends or others knowing their business. People may come forward asking for money for their personal needs or to start a business. Defendants like confidential settlements for fear of getting an onslaught of lawsuits against them.

To some extent yes. The jurors in counties that pass along the New Jersey Turnpike corridor generally tend to have jurors that are more liberal in determining awards for injured accident victims.

Your lawsuit can be filed in either the county where you or the defendant live, or where the accident occurs.