Will my Personal Injury case go to Trial? Monmouth and Ocean County NJ
Educating clients on Settlements, Negotiations, Deposositions, and more in Old Bridge, Perth Amboy, Red Bank, Long Branch and across Monmouth, Ocean and Middlesex Counties
People often want to know whether their personal injury case will go to trial. Some want their day in court, while others do not want to prolong things and are anxious to settle the claim. Just as these desires may vary, the progression of a case can vary as well.
The simple answer to whether your case will go to trial is that it depends. There is no easy way to determine upon your initial consultation whether your case will go to trial. Attorneys will gather your information and assess the situation. Even after reviewing your case, there are many steps that you and your attorney will take before making a decision regarding the trial.
Medical records and treatment
Often, a person seeks reimbursement or compensation from an insurance company after being injured. The injury needs to be evaluated by a medical professional and there must be some form of treatment. Proper medical treatment and examinations take time. Some injuries require more treatment and care than others. Often, doctors will need to reassess your injuries and make further recommendations.
For example, if you have been in a car accident, you cut your leg and require stitches, the chances are that the stitches may only last for a week or two. No further treatment may be ordered after the stitches dissolve or are removed. Conversely, imagine that your foot has been crushed in an accident and the doctors determine that amputation is necessary. The treatment process in that situation would be much longer. You may be hospitalized for a lengthy amount of time and require physical therapy and a prosthesis. The full extent of the injuries and the impact may not be immediately known. It may take time for you and doctors to assess the situation and determine what treatment may be needed in the future. Additionally, the insurance companies may require you to undergo a medical examination by their own doctors. These companies often consult with doctors who conduct independent assessments and make findings about each individual’s injuries.
Aside from medical examinations and treatment, your case will likely be negotiated prior to a trial.
Many cases settle during negotiations between the insurance companies and the injured party’s attorney. After gathering the medical information and the financial losses, the attorney will negotiate with the insurance company for a potential settlement. Sometimes, the insurance companies refuse to settle or offer a number that is low in comparison to the award sought. However, in some circumstances, the parties come to a mutually satisfactory number and the case “settles” without a trial. This often happens after a lawsuit has already been filed and depositions have been taken.
Depositions are recorded questions and answers between attorneys and witnesses, other drivers, and any other relevant parties in the case. After a lawsuit has been filed, attorneys obtain as much documentation as possible and can call various witnesses to depose. The attorneys from opposing sides can also ask questions of the drivers or other witnesses. It is often after depositions that the respective parties’ cases appear weaker or stronger. Depending on what side you are on, you may be more or less apt to settle.
Do I have to settle or go to trial?
The answer is simple – you have to do what is right for you. Our attorneys at Chamlin, Uliano & Walsh will explain the advantages and disadvantages of settling vs. a trial but, in the end, the choice is yours.
Seek professional Advise from Experienced Persona Injury Attorneys
Contact our office today if you have been injured. We will carefully review your case and negotiate on your behalf before going to trial, always giving our best to get you the compensation you deserve.