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When Should I Consider Taking a NJ Personal Injury Case to Court?

The vast majority of personal injury claims settle before a court trial becomes necessary. However, it is important to understand that for some clients, the trial process may be worth the potential for a higher payout. There are a litany of pros and cons to consider when deciding on settling or trying your case in court. The correct choice will be heavily dependent on the nature of your circumstances. Today, our personal injury trial lawyers will discuss the personal injury settlement process, the trial process, and identify some similarities and differences between the two.

Passaic County, NJ Personal Injury Settlement Attorneys Discuss the Settlement Process

Unlike a formal trial, the personal injury settlement process can be resolved as soon as both sides come to an agreement. Your Passaic County personal injury attorney will likely attempt to settle your claim using the following steps at a very high level (keep in mind every case is different, and the following is simply an example of what to expect):

  1. Consult with client to understand the details of your accident, your injuries, and what you hope to achieve in the personal injury process
  2. Wait until the extent of your injuries are fully known
  3. Set realistic expectations with clients
  4. Make an initial settlement offer with the defendant (usually an insurance provider)
  5. Engage in negotiation with the input of the client
  6. Reach agreeable settlement terms
  7. Sign a personal injury settlement agreement

What Does the Personal Injury Trial Process Entail in New Jersey?

Unless there is an extreme circumstance, nearly all personal injury claims will begin with the first five (5) steps as listed in the previous section. A court trial will come into play if your Passaic County personal injury trial attorney cannot negotiate an agreeable settlement. At this point, you may choose to take your case to court.

The personal injury legal process in New Jersey can be long and expensive. The process may include jury selection, opening statements, presenting evidence, testimony from witnesses, jury deliberation, jury verdict, and potentially an appeals process. It is important to note that courtroom verdicts are eligible for appeal while out of court settlements are not.

The burden of proof is on the plaintiff in personal injury trials. However, your attorney will not need to prove your case beyond a reasonable doubt as they would for a criminal trial. Your evidence must show that the preponderance of the evidence proves the validity of your personal injury claim.

Bloomfield Personal Injury Trial Lawyers Weigh Court Cases vs. Settlements

There are several reasons why over 95 percent of personal injury lawsuits settle out of court. It is seldom in the best interest of the plaintiff or the defendant to deal with a courtroom dispute, and settlement offers both sides a fair and reasonable resolution. While considering your options, your Bloomfield personal injury trial lawyer might recommend asking yourself the following questions:

  • Is the settlement offer I have received unfair or grossly unreasonable?
  • Can I reasonably expect to receive significantly higher financial compensation from a court trial?
  • Am I willing to wait months or years to receive my financial compensation?
  • Am I willing to accept the possibility of losing a court case and walking away empty handed?
  • Is the potential larger verdict of a court case worth the associated risks?

Contact our Clifton Personal Injury Settlement Attorneys Today

The personal injury settlement and trial attorneys of Fredson & Statmore have over 50 years of combined legal experience serving clients from Passaic County towns including Clifton, Bloomfield, West Milford, Wayne, Little Falls, Woodland Park, and across Northern New Jersey. Our firm is large enough to offer full legal service and small enough to give each one of our clients the personalized attention they and their families deserve. We handle all manner of personal injury claims, whether you have been injured in a motor vehicle accidentconstruction accidentslip and fall accidentdog bite, and much more.

To learn more about your potential for financial compensation through a personal injury claim, please contact us online for a free and confidential consultation.