Arbitration

In New Jersey, the Court system requires most personal injury cases to participate in an arbitration. It is viewed as a fast, effective way to avoid the courtroom and settle personal injury cases without the need for testimony by fact witnesses and expensive experts. The arbitrators are qualified experienced personal injury lawyers. They review the relevant evidence and decide whether the plaintiff is entitled to recover compensatory damages, and if so, the amount of damages to award.

After an award is made, both the plaintiff and the defendant have thirty (30) days to accept or reject the award. If neither side does anything, then for a limited period of time, either side may apply to the court to make the award an enforceable judgment.

Accident Reconstruction is a branch of causation forensics that uses scientific methodologies to determine the circumstances of an accident. An expert in accident reconstruction can use known factors from a crash, such as skid marks and the final position of the vehicles, the amount of damage to the involved vehicles to determine speeds and/or directions of travel of the vehicles before the collision happened. A reconstruction expert may be hired when fault is in dispute.

This process involves investigating and analyzing the causes, events, and factors that lead to a vehicle collision, a pedestrian, or a roadside object. The expert then uses that data to determine other relevant issues such as collision severity, visibility, driver behavior, and other causal factors.

Accident reconstruction is often used in traffic collisions involving automobiles, motorcycles, trucks, buses, and pedestrians but can be used in an array of different scenarios. It’s a crucial part of determining how an accident occurred so that liability can be proven. At Stern & Stern, we are familiar with accident reconstruction experts who will give us an advantage in settling your case.

Adjustors are not your friends. They may work for an independent company or be employees of an insurance company.

It is their job to investigate accidents. They investigate the insurance claim by speaking to witnesses and the claimant, reviewing hospital and police reports, and inspecting the damage to property from the accident.

They try to determine who is at fault. They determine the liability of the insurance company. They calculate the claim’s value according to company protocol. This involves evaluating variables such as actual expenses (including previous medical bills and future medical bills), lost income, pain and suffering, and additional harmful consequences of the claimant’s injuries.

They negotiate and settle claims with accident victims. Their goal is to get the claimant to accept the lowest settlement offer possible, without filing a lawsuit. That is how insurance companies make a profit.

While insurance adjusters want to pay out as little as possible, they also want to avoid a personal injury lawsuit, which could be costly and risky for the insurance company. Remember, the specifics can vary depending on the type of accident and the specific facts of the case. It’s always a good idea to consult with a law firm such as Stern & Stern LLP to ensure your rights are protected.

This agreement is a contract used most frequently in personal injury matters where the lawyer’s fee is a percentage of the money obtained on the client’s behalf. In New Jersey the percentage is applied after litigation costs are deducted, lowering the lawyers fee. Litigation costs include things like expert fees, medical records, court costs, deposition costs etc.

A deposition is testimony under oath where questions are asked of a witness, such as the plaintiff or defendant, by a lawyer representing one of the parties in the lawsuit. It is usually conducted at the office of the party producing the witness or the party being deposed. Nowadays they are often conducted using Zoom. A shorthand court reporter will take all the testimony , transcribe it, and produce a booklet with all the testimony. The transcript can be useful to make sure witnesses testifying at time of trial remain consistent with their deposition testimony.

After a lawsuit has started, this is the process that allows the parties in the lawsuit to obtain information from the opposition. It is done by means of interrogatories, depositions, notices to produce documents, medical examinations and expert reports.

Expert witnesses are individuals who have knowledge in a particular area greater than the average person and are hired to provide that knowledge in a written report and testimony at time of trial. The most common in personal injury cases are doctors, accident reconstruction experts and economists. At Stern & Stern LLP we have familiarity with and access to respected experts that will help us achieve a great result in your personal injury case.

Unless appointed by a judge, there is no such thing as an Independent Medical Examination (IME). Once a lawsuit has been initiated, the defense has the right to have the injured party examined by a medical expert of their choosing. They commonly refer to that examination as an IME. However, they are hired by the defendant and paid by the defending insurance company. The insurance companies defending personal injury claims require these examinations thousands of times a year, so they will, of course, use examiners (physicians) that tend to minimize or even deny any permanent injury was suffered. The proper term for these examinations is a defense medical examination, or DME.

Whether you are in a car, an SUV, a truck, on an electric bike and involved in what may be called an accident, a crash, or wreck, the steps to protect your interests are the same:

Check yourself for injuries. If you’re injured, call 911 or ask someone else to do so. If you’re seriously injured, try not to move, and wait for emergency personnel. It might be a good idea to go to the doctor if you are unsure if you are injured.

Check on the well-being of your passengers. If you’re not too hurt to move, check on the other passengers in your car. If anyone’s injured, get on the phone with emergency services or ask a bystander to call for help.

Get to safety. If you’re able to, move to the side of the road or a sidewalk. If your car is safe to drive and is causing a hazard where it is, pull it to the side of the road. Otherwise, leave it where it is and get yourself to safety.

Call 911. Whether an accident is considered a minor fender-bender or a major collision, calling the police is important.

Wait for help. Turn off your engine, turn on your hazard lights and use the road flares in your emergency car kit to warn other vehicles to slow down.

Exchange information. After making sure you and any passengers are uninjured, exchange contact and insurance information with the other driver.

Stay Calm and Think Before You Act. Stress can lead to mistakes that impact your rights1. Take a deep breath and try not to panic.

Preserve the Scene. Try not to move the vehicles unless leaving them where they are poses a safety hazard. If you’re healthy enough to do so and if it’s safe, take pictures of the vehicles and the scene around them.

Be Careful of What You Say. Be careful of what you say after the crash, even at the scene and when you’re talking to friends and family members. Don’t ever say anything that might make someone think you’re taking responsibility for the crash.

Preserve Evidence. Don’t throw away the outfit you had on the day of the crash. Anything that could be connected to the accident should be kept when possible.

Keep Detailed Records. Keep detailed records of what you have to do after the motor vehicle crash. This includes not only medical visits, but also when you have to miss work, what work you have to do to the vehicle and similar things.

Consult an Attorney Before Agreeing to a Settlement. Only agree to a settlement if your attorney has reviewed it. You might be offered one after the crash, but an experienced law firm such as Stern & Stern LLP can best maximize your recovery.