Thomas A. Boyle, Jr., Esq. and Attorney Eunmi Hwang

The physical, mental, and economic damages that accident victims experience cannot be fully compensated, as they cannot return to their pre-accident lives. However, minimizing such damages and facilitating the victim's return to their normal life as quickly as possible through accurate and prompt medical treatment based on a doctor's diagnosis, as well as obtaining maximum financial compensation through legal procedures (either through settlement before trial or a jury verdict during trial), is the best course of action. Unfortunately, the processes of treatment and legal proceedings do not conclude in a short period. Victims, exhausted by the changes in their daily lives due to the accident and the lengthy process of injury treatment and legal proceedings, often ask, "How much longer do I have to wait for my case to be resolved?"

The most accurate answer to this question is regrettably, "It depends." Some cases may conclude within a year, while others can take three, four years, or even longer. Factors such as the severity of the injury, the necessity for related treatments, the process of proving negligence, and unrelated third-party factors like COVID-19 can complicate treatment and legal proceedings, affecting the pace of the case. While the exact timeline for case resolution is uncertain, the procedures for personal injury lawsuits are generally similar. To reduce the stress caused by prolonged litigation and to receive fair compensation, a general understanding of the personal injury litigation process can be beneficial.

In this column, we will explore the pre-litigation process, which includes the steps taken from the occurrence of the accident until the actual filing of a complaint in court to initiate legal proceedings. In subsequent columns, we will discuss the litigation process that begins with the filing of a complaint in court, helping to provide a comprehensive understanding of personal injury lawsuits.

The following are essential steps that must be taken during the pre-litigation process or may be required by the insurance company.

Personal Injury Claim Open
To receive insurance benefits related to the accident, you must contact your insurance company to open a Personal Injury Claim. For automobile accidents, you should contact your own auto insurance company, and if you were injured while working, you need to open a Personal Injury Claim through your employer's Worker’s Compensation insurance. After confirming your claim number and the name of the medical adjuster, you must provide relevant information if you visit a hospital or doctor’s office for treatment. This ensures that the insurance company processes the treatment costs promptly.

(For information on Personal Injury Protection, please refer to the June 2020 Legal Column "What You Must Know About Auto Insurance" in Mam & I.)

Disability Benefit
If you are unable to work due to your injury, you should apply for State Disability Benefits (which vary based on employment status) or any personal Disability Benefits you may have. The amount and duration of benefits can differ depending on your employment status and the Disability Benefit Plan your employer has. If you qualify for New Jersey State Disability Benefits, you can visit the Division of Temporary Disability and Family Leave Insurance website to complete the application form online.

Independent Medical Examination
Once you have opened a Personal Injury Claim and your treatment is being covered by your insurance company (meaning the insurance company is paying for your treatment), the insurance company may request an Independent Medical Examination (IME) to assess whether the ongoing treatment is necessary and, if so, how much longer it should continue. When you receive an IME request, you may change the date or time due to unavoidable circumstances, but you cannot refuse the examination itself. If the IME is not conducted due to the victim's lack of cooperation, the insurance company may refuse to settle treatment costs. Therefore, it is essential to cooperate and undergo the IME. After the IME is conducted by the doctor hired by the insurance company, they will submit a report (IME Report). If the doctor concludes that no further treatment is necessary, the insurance company may decide to stop covering treatment costs based on that conclusion. However, if another doctor provides a conflicting opinion stating that continued treatment is necessary, you may contest the need for treatment and continue to receive benefits. It is important to understand the procedures and significance of the IME before attending, as the determination of treatment necessity lies within the expertise of the doctors.

After completing the above procedures during the ongoing treatment for your injury, you will gather medical records and opinions from your treating physicians to proceed with your accident injury compensation case. There is a statute of limitations of two years from the date of the accident for filing a lawsuit (excluding cases involving public entities). This means that you must file a complaint in court within two years from the date of the accident, at which point you will enter the litigation phase and proceed according to procedural law. In the next column, we will provide an overview of the legal procedures involved in the litigation process.

Thomas A. Boyle, Jr., Esq.  
tboyle@mdltriallawyers.com

Attorney Eunmi Hwang  
ehwang@mdltriallawyers.com

Personal Injury Specialist (including bus/truck accidents)  
New York/New Jersey

Maggiano, DiGirolamo & Lizzi, P.C.  
201 Columbia Avenue  
Fort Lee, New Jersey 07024  
201-585-9111  
ehwang@mdltriallawyers.com