In the case you are hurt by some third party, you must have an idea about the third-party negligence claim. A third-party scenario would be if a worker finish driving his front-loader at a lumber yard and after parking it, he sets the brakes, but the brakes are malfunctioning due to a manufacturing problem. The front-loader then begins to slip forward and collides with another employee, inflicting serious injuries. It is because the brakes were not working properly & the negligent third party who can be held accountable in this case is the maker of the front-loader. The law office of Robert R. Simons is experienced in this type of situation and will assist you thoroughly with their extensive knowledge to analyze your case for third-party compensation.

To file a claim against a third party is involve 4 certain steps. These are outlined in the Professional Negligence PAP and are designed to serve as a code of good practice for parties to follow prior to initiating court proceedings. Let’s begin with the major steps are as follows:

1. Notice Of Preliminary

The first step in professional negligence proceedings is to notify the potential defendant(s) of the claim in writing as soon as you decide that you have a realistic possibility of bringing a claim. The following information should be included in the preliminary notice:

  • The claimant’s and any other parties’ identities;
  • If possible, a general estimate of the claim’s financial worth;
  • A brief summary of the complaint; &
  • Request that the expert notify their professional indemnity insurance company.

The defendant professional must acknowledge receipt of the letter within 21 days of receipt. This preliminary notice is a necessary aspect in the proceedings of negligence claim because it provides the professional with notice so that their professional indemnity insurance can be informed. However, if he or she fails to do so, their insurance policy may be voided.

2. Investigations

After receiving the Letter of Acknowledgement, the professional has 90 days to investigate the allegation and respond to the claimant. At this point, all parties should provide any relevant information or documentation as asked. In rare situations, the professional may instruct their solicitors or insurers to investigate the claim on their behalf.

3. Acknowledgement Letter

The defendant professional, like the Preliminary Notice, must acknowledge receipt of the Letter of Claim within 21 days. If the defendant professional does not confirm receipt within this time frame, the court has the authority to impose sanctions.

4. Dispute Settlement Through Alternative Means

It is best practice to include Alternative Dispute Resolution (ADR) as an alternative to going to court in order to negotiate a settlement in the Letter of Claim, Letter of Response, or Letter of Settlement. The Professional Negligence PAP requires parties to assess whether ADR proceedings are a better option than litigation. Finally, it seeks to encourage parties to settle out of court whenever possible in order to decrease the costs, stress, and inconvenience associated with coming to court. The court has the authority to impose sanctions on parties who have refused to participate in ADR for unreasonable reasons.

Call Today to Schedule a Free Legal Consultation with A New Jersey Third-Party Negligence Claims Attorney

In certain circumstances, Labor and Industries or a self-insured employer policy may cover your medical bills and a percentage of your salary loss.  You have to file a negligence claim against the third party in case to receive full compensation for non-economic or general losses. If you have been injured due to the negligence of a third party, contact a third-party Personal Injury Lawyer in New Jersey now to book a free legal consultation.