Experienced and Successful Wayne Attorneys Answer Frequently Asked Questions About Personal Injury Law in New Jersey

Following are answers to some of the questions our attorneys encounter most frequently as we advise and represent clients throughout northern New Jersey in the areas of automobile accidents and personal injury, and health care. If you have other questions, or if you need advice or representation regarding a particular legal matter, please contact De Frank, McCluskey & Kopp at our office in Wayne for a free consultation with a team of dedicated, experienced and successful attorneys.

Q. Will I have to go to court to collect a settlement in my automobile accident?

A. Most cases settle out of court, and most of our clients never see the inside of a courtroom. We aggressively pursue a fair and equitable settlement with the insurance company. However, if we believe the insurance company’s settlement offer is less than fair, we will tell you so. The decision to accept or reject a settlement offer is yours to make. If you decide to reject the offer, we are ready and willing to take the case to trial. In fact, we start preparing every case for trial from day one. Although we may not end up in court, preparing your case for trial from the very start is the best way to negotiate from a position of strength and help ensure that you are treated fairly and respectfully by the insurance company.

Q. What does it mean for an attorney to be “Board Certified?”

A. In New Jersey, attorneys may apply for certification from the New Jersey Supreme Court, through its Board on Attorney Certification. In order to achieve board certification, an attorney must be a member in good standing of the New Jersey bar for at least five years, have a recent record of taking continuing legal education courses, show a substantial involvement in the preparation of litigated matters, and demonstrate having taken primary responsibility for a specific number of completed trials in New Jersey Superior Court. In addition, the attorney must pass a written examination covering various aspects of trial practice and demonstrate an unblemished reputation by submitting a list of attorneys and judges who will attest to the applicant’s character and ability.

Q. How much do you charge health care providers to help them collect their medical reimbursement from the insurance companies?

A. For New Jersey PIP cases, our representation of health care providers is at no cost to the provider. Our services are compensated by the insurance carrier when we are successful; these funds are in addition to the award to the client and do not diminish the client’s award in any way. Our representation of health care providers is done on behalf of the patient on an assignment of benefits to ensure that both the patient and the provider are fairly compensated.

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