Auto Insurance Companies Now Held to Strict Deadlines on Disclosing Policy Limits in NJ

A New Jersey Law Expedites the Process of Finding out Insurance Limits after an Accident

Policy Limits Disclosure for Auto Accidents

A car accident can stall your life plans. Even if all involved parties cooperate and leave the scene, this may not occur without one or both parties experiencing significant injuries. Not only does your world feel more unsafe by the jolt to your car and your belief that safe driving prevents accidents, but the aftermath can be grueling too. You have so many things to do to get yourself back to the life you had before you had the accident. First, if you are injured, you must see a doctor, undergo treatment and recovery plan, and suffer pain and disruption in your daily activities. Maybe you cannot work for a time. Then, there is the insurance side of the equation. You must contact your insurance company, which will open a claim. The follow-up may be a recorded statement, sending signed statements, and forwarding photos of your vehicle. And if your car needs repairs, you must bring your vehicle in and perhaps rent one while it is in the mechanic’s shop.

If you are not responsible for the accident, you most likely want and expect the responsible party or insurer to pay for your damages, including medical bills, repair bills, lost income, and pain and suffering damages. But insurance companies are often slow and reluctant to pay. They want to make sure that liability is clear and the damages claim is reasonable. All too often, insurance companies stall and impede the progress of a claim by withholding information from the other party, like policy limits. Policy limits include the insured’s maximum coverage amounts for bodily and property damages. Typically, the insurer obligated to pay wants to keep the total payout as low as possible. In contrast, the victim wants the settlement amount to be as high as possible, given the range of what is possible for a particular accident. So, the insurer’s goal in withholding policy limits is to keep the claimant from knowing the true amount of financial compensation that may be available to them.

Are insurance companies required to disclose policy limits?

Withholding policy limits does nothing but delay what an attorney can eventually get from the insurance company by litigation or legal pressuring tactics. For instance, a plaintiff who files a lawsuit against the responsible party has the right to discovery, meaning all the evidence applicable to the case, like police reports, medical bills, property damage records, and insurance policy information, among other evidence. But the driver who was not at fault for the accident should not have to file a lawsuit to discover the responsible party’s policy limits covering the accident. Thus, Governor Murphy recently signed a measure into law, mandating insurers to reveal policy limits to an attorney who asks for them.

The law, S-1558/A-3444, gives insurers 30 days to provide written notice of an insurer’s personal automobile insurance policy limits to a requesting attorney. The insurer must reveal policy limits to all policies the insured holds upon an attorney demanding the information. The attorney is then obligated to keep that information confidential. The legislation aims to expedite automobile accident claim resolutions and eliminate unnecessary lawsuits. Attorneys file personal injury lawsuits on behalf of injured clients in New Jersey, for which they must obtain policy limits information, as well as when a case has not settled before the statute of limitations tolls, meaning before the latest time for filing a lawsuit runs out. The new law reduces the number of lawsuits that attorneys must file due to settlement delays.

Personal injury attorneys and prospective clients generally welcome the new law, which went into effect in July 2021.

How much can policy limits impact your caseWe, as experienced personal injury lawyers, understand that knowing how much the responsible party’s policy covers is crucial to settling a personal injury claim in our clients’ best interests. This information is highly informative when it comes to a potential settlement amount or settlement figure that may be obtained from the insurer. It also eliminates the necessity of filing an underinsured claim with an individual’s own insurance company if the other party’s insurance does not fully cover the accident damages. Overall, the new law allows more efficiency in the personal injury claim process.

Unsurprisingly, insurers and their representatives believe the law is unnecessary. Attorneys can get policy limits without the law, and those accident victims with more damages than the responsible party’s policy covers must file a lawsuit regardless. However, proponents of the bill argue that the law will cut down on unnecessary lawsuit filings and, in turn, motivate more attorneys to take cases they may not otherwise accept if they anticipate having to file a lawsuit to settle a claim.

How much can Policy Limits affect your Case?

If another driver caused your injuries in an automobile accident, you would benefit from this new law. Settling a personal injury claim is a matter of adding up all the damages you incurred from the accident once the insurer establishes fault. If the other driver or drivers in an accident caused the accident, you want to know if they are insured and for how much, to formulate your best plan of action. For example, if you injured your back and neck in the accident, you may need to see a doctor and physical therapist for treatment over several weeks. In addition, your car may need repairs. If, after completing your treatment and repairing your car, your total damages, including compensation for lost wages, pain, and suffering, and attorney’s fees, is below the typical policy limits, you can settle your claim easier than if your damages exceed those limits. But understand that most auto insurance policies cover $15,000.00 for bodily injuries to one person or $30,000.00 for more than one person.

As such, an attorney who knows the policy limits can better guide their client in what they can expect as a settlement amount, if any, and the time it will take to resolve. Without knowing the policy limits, an attorney cannot fully advise their client as to whether an insurance company’s settlement offer is even remotely fair or does not cover all the client’s damages. Often, people without attorneys representing them may settle for less than what they want or deserve because their damages totals are high, the policy coverage is low, and the cost of filing a lawsuit and waiting out the year or more it takes to go through the legal system seems like it’s not worth it. The numbers must make sense in the big picture of settlements versus lawsuits. Still, it is highly advisable to have a knowledgeable lawyer review your case before deciding how best to proceed. In some cases, the accident is grave enough that the plaintiff has no choice but to sue the responsible driver when the policy limits are too low to cover even a fraction of the damages. These decisions of filing suit or not underscore the necessity for knowing the policy limits.

If your accident and subsequent injuries occurred within the last two months, you might benefit from this new law when planning to pursue a claim for motor vehicle accident compensation. To be sure, you should speak to a personal injury attorney about the new law, how it affects your claim, and what you can expect once you know the coverage for your accident.

Contact our Personal Injury Attorneys for Guidance with Your Case

Personal injury cases can be complicated, so you will need a knowledgeable personal injury attorney to take you through all the possibilities to resolving your auto accident injury claim.

At Kamensky, Cohen & Riechelson, we have represented clients in Hamilton, Lawrence, Bristol, Willingboro, Greenwood, Wilbur, and the greater Mercer County Area. We can properly guide you in the entire process of pursuing compensation for a motor vehicle accident.

Get in contact with us at 609-528-2596 or fill out our online contact form to schedule a free and confidential consultation to discuss specifics of your accident, understand the new updates in the law, and the potential for obtaining compensation if someone else was at fault.

How Long Will It Take to Get a Settlement Check After A Personal Injury Accident in NJ?

So you agreed to a personal injury settlement, now how long do you have to wait for the payment to actually come?

How Long Will It Take to Get a Settlement Check After A Personal Injury Accident in NJ?

If you or someone close to you were the victim of someone’s negligence or has suffered a traumatic personal injury, there is no doubt some anxiousness about when you can get your settlement check to get the compensation you deserve and move on with rebuilding your life. As you patiently await the finalization of your claim, your bills and related medical expenses may be causing additional stress and uncertainty, and you may be tempted to take the insurance company’s quick settlement offer. Having an experienced and knowledgeable attorney on your side who can protect your rights, negotiate with the insurance companies on your behalf, and help expedite your compensation for losses and your pain and suffering, is invaluable.

The personal injury lawyers at Kamensky Cohen & Riechelson will collect and organize all the available evidence to support your claim, including medical records of your injuries and necessary treatment, an analysis of the circumstances that preceded the event, and any photographic or video documentation of the incident. By constructing a compelling argument on your behalf, we diligently work towards obtaining just compensation for you or your loved one. No matter what personal injury case has negatively impacted you and those you love, costing you time, money, and the intangible emotional and physical trauma of the accident, you can place your trust in our talented team of personal injury lawyers who can help.

Contact our Trenton and Pennington, New Jersey offices at (609) 528-2596 to discuss your case with a member of our personal injury legal team at no cost. As always, we take the majority of cases on contingency. This means, if we don’t win, you don’t pay.

Four Steps You Can Expect Before You Receive Your Princeton, NJ Injury Settlement Check

Before any checks are issued:

  1. The defendant’s insurance company will ask you to sign a release stating you will not seek future legal action against them about this particular personal or accident injury case. This means that the settlement you accept (and decide not to pursue a trial of some kind) needs to fully and fairly cover all of your damages, both present, and future.
  2. Then there is the waiting period in which the insurance company processes the release form, which depending on the amount, can be fairly quick or a longer process intended to wear you down into accepting less than you deserve.
  3. After the insurance company issues a check, your attorney will deposit the check in an escrow or trust account and pay off any existing liens (i.e., child support), creditors, medical provider, or related unpaid expenses.
  4. Later, after the deduction of your legal fees (which may be a percentage of your settlement or an hourly fee plus expenses) and other costs such as for expert witnesses, investigators, depositions, court fees, or taxes, you can expect to receive a settlement check in the mail with a final legal fee statement and a copy of the final settlement agreement; which you signed after settlement negotiations.

Even if the liability seems straightforward, it can take up to six weeks or longer to receive an accident injury settlement check if the case is complex or the insurer tries to delay the process.

At Kamensky Cohen & Riechelson (KCR), our team of personal injury attorneys has both experienced trial attorneys and skilled negotiators who are committed to securing you the maximum compensation you need and deserve, while also remaining attuned to your immediate financial needs and concerns. We fight tirelessly throughout the legal process of your claim, while staying focused on the timeline so that we do everything we can to avoid unanticipated delays in you receiving payment from the negligent party or parties. We are prepared to negotiate a fair settlement on your behalf and, if necessary, fight for you in court.

Top 6 Reasons Why Your Mercer County, NJ Personal Injury Settlement Is Delayed

Circumstances differ depending on the unique elements of your case. Although it’s fairly common for delays to occur if you’re waiting to receive your personal injury settlement, there are multiple reasons why this could be taking longer than expected.

It could be something as simple as the other party not signing off on their release form. If an estate or multiple parties are being sued for damages, sorting out the particulars could take longer, as it could require additional preparation or more paperwork.

Here are six (6) common reasons why your personal injury settlement may take longer:

  • legal or factual problems related to the case,
  • dispute determining liability,
  • severity of the injuries,
  • injury victim is still being treated for accident-related injuries,
  • the case involves a large sum of money, or
  • the case is going to trial.

Top 6 Reasons Why Your Mercer County, NJ Personal Injury Settlement Is DelayedSometimes choosing mediation, a less contentious and time-consuming option, might be more appropriate for finding a middle-ground resolution for your accident injury claim. In other situations, the insurer might offer you a pre-litigation settlement to avoid the risk of a large jury-awarded settlement. Either way, to properly prepare for the long haul, consult a knowledgeable personal injury attorney who can advise you on what to expect, help navigate delays, and help accurately determine how much you should be seeking in terms of medical expenses, lost income, and physical and emotional pain and suffering.

If you or someone you love has suffered an accident injury, or wrongful death and you suspect that another party is responsible, contact us online or at our offices in Trenton or Pennington at (609) 528-2596 today to schedule a cost-free initial consultation. We also provide representation for injured victims and families in Pennsylvania.

Contact Our Trenton, NJ Accident and Personal Injury Attorneys Today

Whether it’s a personal injury or workers’ compensation-related matter, Kamensky Cohen & Riechelson is here for you. Our accomplished team of attorneys has a proven record of success in helping injured people and their families obtain fair and just compensation for their losses as soon as possible.

We understand the hardships you face – medical bills, wage loss, pain and suffering, insurance companies that say “no” – and will work with you personally to help you through the legal process. We provide knowledgeable guidance and strong advocacy for clients throughout Mercer, Burlington, Middlesex, and Somerset counties and across all of New Jersey and Pennsylvania. We abide by a contingency model, which essentially means that we work for you for free until you receive compensation.

There are strict time deadlines or statutes of limitations on filing claims, so it is in your best interest to consult with and retain an attorney immediately to file your claim in a timely manner, or you will lose any right to recovery.

Contact us online or through our Trenton, NJ office at (609) 528-2596 today to speak with our legal team regarding your accident, injuries, and how we can help you and your family to recover fully and fairly compensation through a settlement or a trial verdict.

Video – Trenton and Bensalem Slip and Fall Lawyers

After any slip and fall accident the normal and natural reaction is embarrassment.  And usually a feeling that it was your fault or a simple mistake on your part. If the injury is not immediately debilitating, many people will try to move away from the scene of the incident as quickly as they are able regardless of the injuries they may have just sustained. However there are several factors that you should take into account. Such as the accident may not have been your fault.  It may have been the result of negligence on the part of the property owner and may fall under the laws that govern premise liability.  Also if you do not have documentation of the accident it may be difficult to receive financial compensation for injuries that may cause you to be unable to work and may significantly lower your quality of life.

Kamensky Cohen & Riechelson is an highly experienced firm oriented toward results and consisting of skilled negotiators and tenacious attorneys who know how to win for you in the courtroom. Our team of lawyers includes a certified trial attorney.

If you are looking for an experienced personal injury  attorney, Kamensky Cohen & Riechelson is the choice for you. We are led by Jerrold Kamensky, and our accomplished and top notch team of attorneys have a proven record of success helping injured people and their families obtain fair and just financial compensation for their losses. Contact us online or by phone at (609) 528-2596 in New Jersey or (215) 337-4915 in Pennsylvania.

Common Causes of Bucks County Slip and Fall Accidents

There are countless reasons someone may slip and fall. A few of the most common negligent hazards that can cause slips and falls include:

  • Ice that is not salted
  • Uneven transition surfaces (i.e.carpet to wood) with no warning signs
  • Recently mopped or waxed floors
  • Loose floorboards, rugs, or mats, especially on stairs
  • Potholes in parking lots
  • Spilled liquids
  • Splashed grease or oil that is not removed
  • Environmental conditions, including
  • Trash or debris on the floor
  • Bright light reflecting on a shiny floor that causes glare
  • Poor lighting that makes it difficult to see obstacles
  • Cords that a run across walkways
  • Open desk or cabinet drawers
  • Ladders and stairs, including:
  • No handrail present or not using a handrail

Recommendations of What to Do After a Mercer County Slip and Fall Accident

  • Seek medical treatment. Health should be your top priority following a slip, trip, and fall accident. If you believe you have been hurt, it’s important to see a doctor so that your injuries can be properly diagnosed and documented. Medical records will be important pieces of evidence if you decide to seek compensation for your injuries.
  • Report the incident. No matter the location of the slip, trip, and fall accident be sure to report it to a manager, owner or landlord. Do not forget to get the details of the incident in writing—ask the manager, owner or landlord to make a written report, and request a copy before you leave.
  • It is very important to document everything. Be sure to collect the names, addresses, phone numbers as well as email addresses for all potential witnesses. Their statements could go along way toward proving your claim. It is an excellent idea to take pictures of the exact location where you fell and make sure to photograph any stairs, icy patches, or other conditions that contributed to your accident. Write down what you were doing right before the accident, the way you fell, and any other details, including the exact time and date. Also, shoes and clothing you were wearing during the accident may be relevant pieces of evidence later.
  • Contact an attorney. If you are considering legal action it is important to have an experienced lawyer on your side. Since many slip, trip, and fall cases can be complex and difficult to prove the resources of an experienced and successful law firm can make all the difference.

Trenton Personal Injury Attorneys Discuses Slip and Fall Accidents

You know if you fall down and you’re shopping or you’re in somebody else’s property they’ve got a lot of responsibility to provide a safe place for you.  There’s a lot we can do if you contact us immediately we get out we photograph, we measure, we get the case ready.

Very frequently a problem that’s in a parking lot, for example, might get paved over we want to see it so, we can prove your case in the best way possible when we get to court.

I think there’s a misconception that if you’re involved in a certain fall it’s your fault. Often we find that people injured while shopping, they’re looking at shelves as the industry wants them, to buy items and they’re not seeing the dangerous conditions that are on the ground there’s an obligation upon the stores to protect from dangerous conditions.

Call us come on in we will determine whether or not there’s a viable claim that we can pursue.

Contact Our Experienced Bensalem NJ Personal Injury Lawyers For Immediate Assistance

The right attorney can make all the difference toward gaining a successful and satisfactory resolution to your claim. If you or someone close to you suffered a personal injury in a slip and fall accident contact the experienced attorneys at Kamensky Cohen & Riechelson.

Since 1972, we have worked with clients in Trenton, Princeton, Lawrence, Hamilton, New Brunswick and all over Mercer County NJ as well as Bensalem, Northeast Philadelphia, Levittown, Feasterville, Millbrook, Penndel and all over Bucks County PA, and we are here to help you pursue just financial compensation for your losses. Contact us online or by phone at (609) 528-2596 in New Jersey or (215) 337-4915 in Pennsylvania. Our knowledgeable attorneys will be happy to answer all of your questions and advise you on the most effective legal options available in your case.

Video – Personal Injury Attorneys in Trenton, NJ & Bucks County, PA

Kamensky Cohen & Riechelson is a firm oriented toward results and comprised of skilled negotiators and tenacious litigators who know how to win in the courtroom. We won’t back down. Our team of attorneys includes a certified trial lawyer.

If you are seeking an experienced personal injury or workers’ compensation attorney, Kamensky Cohen & Riechelson is the right choice for you. Led by Jerrold Kamensky, our accomplished and top notch team of attorneys has a proven record of success in helping injured people and their families obtain fair and just financial compensation for their losses. Contact us online or by phone at (609) 528-2596 in New Jersey or (215) 337-4915 in Pennsylvania.

Kamensky Cohen & Riechelson Personal Injury Practice Areas in New Jersey & Pennsylvania

We understand the hardships and difficulties you face — medical bills, wage loss, pain and suffering, insurance companies that will reject fair and just claims— and we will work with you personally to help you through the often complicated legal process. We provide knowledgeable guidance and strong unwavering advocacy for clients throughout Mercer, Burlington and Middlesex counties and across all of New Jersey and Pennsylvania. We work in every area of workers’ compensation and personal injury including:

At Kamensky Cohen & Riechelson, our dependable lawyers have significant experience handling personal injury claims for clients across New Jersey and Pennsylvania. We will work with you personally to guide you through the legal process, keeping you informed every step of the way so that you know exactly what is happening with your case. Our goal is to help you obtain maximum compensation for your losses. However, it’s important for you to know that there is a statute of limitations on your right to sue after suffering a personal injury. You must file your claim within two years of the date your injury occurred or you will lose the right to sue.

Contact us online or by telephone to arrange a consultation with an experienced Pennsylvania and New Jersey personal injury lawyer. As always, we take the majority of cases on contingency. This means, if we don’t win, you don’t pay.

Skilled and Experienced Personal Injury Attorney Representing Clients in New Jersey and Pennsylvania

This law firm started about 42 years ago, we’ve been a personal injury firm since the first day we opened. All three partners in this firm are licensed in both Pennsylvania and New Jersey. We have been able to do was maximize the benefits to each state’s laws for clients best interests.

You may have a New Jersey driver be involved in Pennsylvania accident and there’ll be different interplay between the insurances in both states. Because we take a team approach clients need us get those insurance companies to pay the claims.

Every one of your cases is discussed with all three of us with all bring different perspectives different tactics and different intellect. Our job as your lawyer is to bring you the best results that you need, call us come in, we’ll determine whether not there is viable claim we can pursue.

Contact Our Experienced Trenton NJ Personal Injury Lawyers For Immediate Assistance

Hiring the correct attorney could make all the difference in the world toward gaining a successful and satisfactory resolution to your claim. If you or someone close to you suffered a serious personal injury or has a claim for workers’ compensation, the experienced attorneys at Kamensky Cohen & Riechelson are here to help you pursue just financial compensation for your losses. Contact us online or by phone at (609) 528-2596 in New Jersey or (215) 337-4915 in Pennsylvania. One of our knowledgeable attorneys will be happy to answer your questions and advise you on the most effective legal options available in your case.

Common Workplace Injuries

Workplace accidents have the potential to cause serious injury or even wrongful death. While most New Jersey residents don’t give workplace safety a second thought, the sheer volume of employee hours leads to thousands of workplace injuries each year. Each profession comes with individual risks and safety hazards which should be addressed by both employers and co-workers.

Today, our personal injury and workers’ compensation attorneys will identify common workplace injuries, the most dangerous professions, and what victims can do if they have been injured on the job.

Common Workplace Injuries: Princeton, NJ Workers’ Compensation Lawyers

Many working adults work 40 plus hours per week. While it is certainly possible to mitigate the risks associated with full-time employment, accidents will happen. Your Princeton workers’ comp lawyer may be able to seek benefits for victims who have suffered any of the following common workplace injuries:

Slip and falls – the most common workplace accident involve slips, trips, and fall. Common resulting injuries including lacerations, broken bones, concussions, sprains, strains, and much more.

Injuries from over-exertion or repetitive strain – many jobs with a physical component involve performing the same action many many times consecutively. Even safe activities can lead to injury of long periods of time. These actives may result in muscle strains, ligament and tendon damage, carpal tunnel, arthritis, etc.

Environmental hazards/exposure – toxic fumes or other environmental hazards over long periods of time can lead to long term or even permanent disabilitybrain damage, and other very serious issues.

Transportation accidents – some occupations such as truck drivers, cab drivers, delivery people, and law enforcement involve many hours behind the wheel. Motor vehicle accidents can lead to serious injury or wrongful death.

Most Dangerous Professions in Mercer County

Not all occupations are created equal when it comes to overall safety. Improving safety standards and education are improving the work life of Americans every day, but workplace accidents will always be an issue. According to the Bureau of Labor Statistics, the following professions have the highest rate of nonfatal occupational injuries and illnesses in 2015:

  • Commercial fishing – 13.6 percent incident rate
  • Nursing, residential care, assisted living facility workers – 12 percent incident rate
  • Law enforcement (police) – 11.3 percent
  • Household furniture manufacturing – 10.8 percent
  • Mobile home manufacturing – 10.2 percent
  • Firefighters – 10.2 percent
  • Hog and pig farming – 8 percent
  • Construction of civil engineering projects – 8 percent

Lawrence Workplace Accident Injury Attorneys Discuss Victims’ Rights After On the Job Accidents

So what happens if you are hurt on the job? Depending on the circumstances, your Lawrence personal injury and workers’ compensation attorney may be able to recover financial compensation through either:

Workers’ Compensation Claims – workers’ comp is no fault insurance, meaning that you do not need to prove negligence or misconduct in order to recover compensation. As a result, the compensation recoverable is somewhat limited when compared to personal injury claims.

Personal Injury Claims – in rare cases, workplace accidents may also lead to successful personal injury claims. However, these must involve negligence and or recklessness of a third party in most cases. In other words, employees may not sue their employers or co-workers for personal injury compensation the vast majority of the time.

Contact our Trenton Workers’ Comp and Personal Injury Attorneys Today

The workers’ comp and PI attorneys of Kamensky, Cohen & Riechelson are proud to serve clients from local Mercer County towns including Trenton, Hamilton, Princeton, Lawrence, New Brunswick, and all of Central New Jersey. Our firm is built on the foundation of high quality legal service, ethical practices, and upstanding reputation amongst our clients, peers, and the legal communities. Since opening our doors in 1972, our focus has been on providing the best possible outcome for our clients, whether through workers’ compensation claims, personal injury claims, or both.

If you or a loved one has been injured in a construction accidentproduct liability accidenttruck accidentslip and fall accident, or any other type of accident, please contact us online or through our Trenton, NJ office today by calling (609) 528-2596 for a free and confidential consultation.