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Will My Personal Injury Case Go To Trial?

March 1, 2019

when should my car accident case go to trialPersonal injury cases can be settled one of two ways: out of court with an insurance company or a legal battle in court. There are pros and cons to both of them such as costs, time for it to settle, success rates, etc. Many people wonder, “ Will my personal injury case go to trial?” It is beneficial for many reasons to avoid that, but can be necessary when reaching an agreement is proving too difficult.

Most Personal Injury Cases Settle Out of Court

The truth is that most personal injury cases never even go to trial. They are settled out of court by hashing out the details such as proving causation and negligence and providing evidence of the overall costs the injury has racked up for the victim. Although insurance companies will do whatever they can to weasel out of paying settlement costs and look for loopholes that could make them argue they don’t legally have to, usually they will at least offer something. If you have clear and logical evidence to prove the insured party is at fault and have clear evidence of the costs, usually insurance companies will accept this and settle with you without the need for a serious legal battle.

Benefits of Out of Court Settlements

Although you are more likely to get a higher settlement by going to court, it can be a lot less stressful and more convenient to do it outside of a courtroom. There is also an accumulation of much more attorney fees as court cases take much much longer to settle. Settling out of court can, depending on the situation, actually save you money. Just as important, settling in court is extremely time consuming. Often, it takes a year just for the first trial to occur and then this battle can be extended for months or even years depending on the complexity of the case.

Another benefit to settling out of court is that you can keep the situation private. Trials, on the other hand, involve a multitude of people, some of which are not even part of the actual judicial system. Many of these cases can even be reported in a public directory or, if unique and serious enough, could even be reported by a news source.

Settlement offers, although often lower than what could be achieved through the legal system, is a lump sum of guaranteed compensation. Although it is a low chance, if you do bring your case to trial, you could lose. That would have you with no compensation and attorney fees on top of it.

When It Is Best to Take a Personal Injury Case to Trial

The best situations that call for taking a personal injury case to trial are when an insurance company will either refuse to offer a settlement at all or their offer is drastically different from the actual costs that were incurred by the injury. If the costs are high, it is also beneficial to take a case to court because, despite attorney fees, your possible gain is much higher. There is evidence proving that people who use an attorney and go to trial are likely to get three to four times the settlement offer. After lawyer fees, this is still substantially larger than what they could have gotten out of court. It depends on the cost level, the insurance company’s willingness to work with you, and the level of evidence that you have. Consulting with an attorney on your case and the best strategy can be very helpful in making the best decision for your personal injury case.

Contact a Parsippany Personal Injury Lawyer to Discuss Your Personal Injury Case in New Jersey

Did you or a loved one sustain serious injuries due to someone’s negligence in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Hoyt & Hoyt represent clients injured in Woodbridge, Edison, Perth Amboy, Montville, and throughout New Jersey. Call (973) 292-2299 or email us to schedule a free consultation about your case. We have an office conveniently located at 67 East Park Place, 5th Floor, Morristown, NJ 07960, as well as offices in New Brunswick.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

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