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Common Mistakes to Avoid in a Personal Injury Claim

If you’ve been injured in a motor vehicle accident, which was not your fault, filing a personal injury claim to receive compensation with the assistance of counsel is the best way to proceed.  However, with so many things happening immediately after the accident, there are some common mistakes to avoid that can significantly affect the compensation you may receive.


The law offices of Edward P. Shamy Jr. have handled more than 1,500 personal injury cases. With the insight from a personal injury lawyer in New Brunswick, NJ, here are some common mistakes that you’ll want to avoid if you’re involved in an accident:

Avoiding or Delaying Medical Attention

It’s perfectly normal to seek medical attention after an accident. However, avoiding medical attention simply because you feel your symptoms will resolve on their own is not advised. There could be underlying injuries where the full severity of your symptoms are not yet apparent. It’s important, for your personal injury claim, to have your injuries documents on medical records that you sought out medical attention for the potential injuries sustained during the accident.

Lack of Accident Documentation

It’s important to document the damages and injuries immediately following an accident. Be sure to take images of the property damage, the overall scene, and any signs of injury, such as cuts, or bruises. This visual evidence could be very important in the pursuit of compensation for your injuries. Having insufficient evidence and documentation may hurt your claim.

Failure to Call the Police When You are Involved in an Accident

It’s important that everything is documented at the scene of an accident, including statements from you and the other parties involved.  The responding police officer will prepare a report of the motor vehicle accident which will become the starting point for determining liability between the parties.  If you fail to report the accident, the other driver could attempt to distort how the accident occurred.

Delaying the Filing of Your Claim

While there’s a lot to consider when you’re involved in an accident, you’ll also want to file your claim in a timely manner. In New Jersey the Statute of Limitations is 2 years, which means your lawsuit must be filed within two years of the date of the accident or you are barred from pursuing a claim. If your claim is against a public entity a Notice of Claim must be filed within 90 days of the date of the accident. It is critical to obtain counsel soon after the happening of your accident.

Posting About Your Injuries or the Accident on Social Media

Your social media posts can be used against you. Insurers may use these posts to demonstrate that your activities online contradict the severity of your injuries. To be safe, it may be a good idea to take a sabbatical from social media during your recovery process.

Not Hiring an Experienced Personal Injury Lawyer

It’s never wise to go through a personal injury experience alone. You’ll want someone with the necessary knowledge and experience that can effectively and efficiently navigate the complexities of these cases to ensure that your claim is heard and that you receive compensation for your pain and suffering, medical expenses, and property damage.

Partner with Edward P. Shamy Jr Today

If you’ve been involved in an accident and are in the process of filing your claim, it’s important to avoid the mistakes that are listed above. When the time comes, you can consult with Edward P. Shamy Jr to learn more about the process of filing your personal injury claim and begin the process with an experienced personal injury lawyer.  Cases are handled on a contingency fee basis which means if there is no recovery there is no fee.

Contact Edward P. Shamy Jr. today.

5 Reasons Why Hiring a Personal Injury Lawyer is Important

Dealing with an accident or injury is a stressful experience, but having a personal injury lawyer at your side can help you navigate the complex situation of filing a claim, getting compensation for your pain and suffering, and if necessary, going to court.

Edward P. Shamy Jr. is a personal injury lawyer that’s been helping residents of New Jersey with their personal injury claims for more than 40 years and has successfully handled more than 2,500 personal injury cases.

Here’s five reasons why hiring a personal injury lawyer is important:

Do I Need Representation for a Personal Injury Claim?

Personal injury law can be overwhelming to those unfamiliar with the complexities and regulations. Personal injury attorneys have specialized knowledge of the intricacies of the law and can easily guide you through every step of the process towards a resolution.

How Do I Put a Value on My Personal Injury Claim?

It’s hard to put a price on an injury or accident, but an experienced New Jersey personal injury lawyer can determine the value of your specific claim based on medical expenses, lost wages, future medical bills, and of course, pain and suffering, working to get you the maximum amount for your claim.

Insurance Company Negotiation

Insurance companies may offer a settlement for your personal injury case, but it’s often low. They work to minimize the payout, but the right personal injury lawyer will go to bat for you and negotiate with the insurance company using their knowledge and experience to leverage a better outcome.

How Do You Prove Liability in a Personal Injury Claim?

Having the ability to gather and explore evidence to determine liability in personal injury claims requires skill and experience. Proving fault involves investigating police reports, medical records, expert testimony, and witness statements. Once it’s clear that the other party was substantially responsible for the accident, then further negotiations can begin towards getting the maximum settlement for your personal injury case.

Should I Have Representation in Court?

Approximately 96% of personal injury cases are resolved without going to trial. However, a small percentage of cases are not resolved by settlement. In that instance, you need an experienced attorney to present your case to a jury and obtain the best possible outcome for you including recovery of lost wages, medical expenses, and pain and suffering.

Edward P. Shamy Jr. is an experienced trial lawyer who has demonstrated compassion and resilience in countless cases.

Hire a New Jersey Personal Injury Lawyer to Help You

No amount of money can fully compensate you for experiencing a devasting accident resulting in and injury and pain, let alone the time it takes to recover. But if there was someone at fault, they should be held accountable, and you should be compensated.

Edward P. Shamy Jr. will strive to secure the maximum compensation for your personal injury case.

Have you been injured in an accident that was the fault of another party? If so, you need legal representation to help you navigate the complexities of a personal injury case.

Contact Edward P. Shamy Jr. today.

Navigating Functional Capacity Examinations After a Workplace Injury

In New Jersey, employers must carry in force workers’ compensation insurance which provides coverage in the event an employee suffers an injury that arises out of, or in the course of, their employment. Workers’ Compensation benefits include medical benefits, temporary disability benefits, and permanency benefits. These workers’ compensation benefits are available regardless of whether or not the employer was negligent.  In other words, the injured worker does not have to prove that the employer did something wrong or failed to do something which caused the employee’s injury.  The employee is covered as long as the injury occurred in the course of their employment. 

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How Are Pain and Suffering Damages Calculated After an Accident in NJ?

When you’re injured in an accident, whether in a car wreck, dog bite attack, or even a construction accident, it’s safe to say you’ll experience physical — and nonphysical — pain and suffering. Even minor injuries can cause emotional distress and mental anguish. Calculating damages for pain and suffering in your New Jersey personal injury case is not an exact science, and there’s no special formula for attorneys to use. Our personal injury lawyers serving New Brunswick have outlined what you need to know about calculating pain and suffering damages for an accident in NJ:

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