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Do I Have to File a Lawsuit to Resolve My Case?

NJ Accident Lawyer

If you retain a NJ accident lawyer, he or she will likely attempt to resolve your claim with the other driver’s insurance company before filing a lawsuit. Settling a claim during the pre-litigation phase is beneficial because it is usually faster and less expensive than litigation, and it affords you control over the outcome of your case that you lose when your case goes to a jury. If pre-litigation settlement is not possible, you will need to file a lawsuit in order to obtain any recovery.

Several factors impact the likelihood your case will settle before litigation:

  1. Whether the other driver’s insurance company accepts liability for the accident. When an insurance company “accepts liability” for an accident, it means that the company acknowledges that its insured caused the accident to occur. In some cases, it is clear who is at fault, and the insurance company quickly decides to accept liability. In other cases, the parties disagree over who is to blame for an accident. If the insurance company in your case denies liability, your NJ accident lawyer may submit evidence to it in an attempt to reverse the decision. However, if the company continues to deny liability, you may not be able to resolve your case without filing a lawsuit.

  2. Whether the insurance company believes you were injured. Even if an insurance company accepts liability for your accident, it will not pay your economic and noneconomic damages unless it determines the expenses were reasonable, necessary and caused by the accident. Insurance companies generally work under the assumption that claimants seek too much medical treatment and claim injuries are not related to the underlying accident.  As such, they often seek to compromise the claimant’s economic and noneconomic damages.  If you and your NJ accident lawyer believe the insurance company has reduced the amount of your economic and noneconomic damages too much, you may need to file a lawsuit to obtain an acceptable recovery.

  3. The insurance company’s gamesmanship. Sometimes, regardless of the strength of a claim, an insurance company will make an unreasonable offer in order to pressure the claimant to settle. Insurance companies are aware that most claimants are anxious to settle their claims, and they will use delay tactics to frustrate the claimant. In order to overcome the insurance company’s negotiation tactics, your NJ accident lawyer will need to convince the company of your case’s value and that you will not be deterred by their gamesmanship. If he or she is successful, you will be in a more favorable position to obtain compensation without a lawsuit.

For a free consultation regarding your case, please contact experienced NJ accident lawyer Gerald Clark, Esq. at (732) 443-0333.

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