Reliable Information from Ocean County Accident Injury Litigation Lawyers
Leveraging decades of experience in personal injury law
After an accident that caused serious injury to your or a loved one, it’s important to understand your legal rights and how the legal system works when it comes to accident litigation. The personal injury lawyers at Berry, Sahradnik, Kotzas & Benson, P.C. are here to help, giving you the guidance and advice you need to better understand the process and how you can best approach obtaining compensation to cover lost wages, medical bills, pain and suffering and more. You can trust in our skilled and compassionate team of attorneys.
The process for seeking monetary damages
If you or a loved one has been injured due to someone else’s reckless actions or negligence, you may need to file a lawsuit to collect the compensation you need and deserve. The following is the general process that takes place during a personal injury lawsuit:
- Meet with an attorney. You and your lawyer meet to discuss your auto accident and circumstances involved. Your attorney will ask you a number of key questions, and then follow through by investigating the accident and determining who or what was at fault.
- File initial court documents. Your attorney files the appropriate paperwork with the court, including the initial complaint. The court will then issue a service of process and the defendant will have the opportunity to respond.
- Discovery. Federal law requires that both parties must disclose all evidence and documents in a lawsuit. This may include written discovery, depositions and document production.
- Trial motions. After discovery, both sides can file pretrial motions with court, including a motion to dismiss the case, motion for default judgment or a voluntary dismissal. It is up to the court to approve or deny these motions.
- Settlement. In the majority of cases, both parties reach a settlement without having to actually go to trial. If you accept this settlement, you will give up your right to pursue further legal action on the matter.
- Litigation. If you cannot reach a settlement, you may need to take your case to trial and present your case in front of a judge or jury. Both sides will present evidence, testimony and other key documents, with the court making a final decision at the end of the trial.
Complex issues related to injury litigation
The state of New Jersey allows you two years under its statute of limitations to take legal action after suffering a personal injury. However, in some cases the symptoms of your injury or illness may not become apparent until after that period has expired, such as in the cases of back injuries or medical conditions caused by exposure to dangerous materials or chemicals. In these situations, the law requires that you pursue legal action as soon as possible after these symptoms begin showing.
Learn more by speaking with a qualified Toms River accident attorney
For more information and advice related to accidents in New Jersey, call Berry, Sahradnik, Kotzas & Benson, P.C. at 732-504-3056 or contact us online. We are proud to serve clients throughout New Jersey, including Pine Beach, Seaside Heights, Normandy Beach, Island Heights and Allenwood.