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Do All Personal Injury Cases Go to Trial?

After a personal injury accident, you may worry that you will have to go to trial. Fortunately, most personal injury cases in New Jersey settle out of court.

Whether you have been injured in a slip and fall accident, from a dog bite, or in another type of accident, you can hold the at-fault party accountable for paying the damages you need to recover. Many people are hesitant to file a personal injury claim or lawsuit because they envision a long and bitter courtroom battle. Fortunately, in New Jersey, approximately 80% to 90% of personal injury cases are settled out of court.

However, there are instances in which your case may have to go to trial. It is important to work with a New Jersey personal injury lawyer who can help you secure a fair settlement and advise when it is time to take the case to trial.

Settling Out of Court

While most personal injury cases settle out of court, it is first important to understand your rights and the extent of your injuries and other losses. For example, you must know the current damages you have suffered, as well as any future damages you will incur. This is because if you settle with the at-fault party or their insurance company, the settlement is final.

Even if you learn in the future that your settlement does not fully cover the extent of your losses, you cannot go back and ask for more. When you receive the settlement, you will also have to sign a release, which releases the party from any claims of liability in the future.

Going to Trial

You may want to take your case to trial when the at-fault party, or their insurance company, refuses to offer a fair settlement that will fully cover the cost of your losses. Determining whether or not to take your case to trial requires a careful and fact-sensitive analysis. You must collect evidence to prove your case and understand the damages a jury may or may not award you.

It is also important to know that just because your case goes to trial, it does not necessarily mean the decision will be left to a judge or jury. Settlement negotiations are often ongoing even once a trial has started. A personal injury lawyer is always a great help in securing a fair settlement, particularly once a trial has begun.

Trials sometimes have advantages, especially when the liable party refuses to offer you fair damages. However, even if a judge or jury decides in your favor, the liable party may appeal the decision. There is always a chance that you may lose during the appeals process, and it will always result in your case taking longer. Still, there are instances in which a trial is the only way to obtain the fair damages you deserve.

Call Our New Jersey Personal Injury Lawyers to Learn About Your Legal Options

It is always difficult to determine whether your personal injury case will go to trial. At Lomurro Law, our Freehold personal injury lawyers can advise on your case, negotiate with the negligent party for a fair settlement and, if necessary, take your case to trial. Call us today at (732) 414-0300 or contact us online to schedule a consultation with one of our knowledgeable attorneys and to learn of your legal options.

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