When Should My Personal Injury Case Go to Trial?

It is entirely understandable to have several questions when dealing with an injury, especially if it was caused by another party’s negligent actions. A personal injury case involves mounting medical bills and lengthy recovery periods. There are also looming questions of whether any compensation can be recouped if disability and lost wages are factors. There is also the question of whether the victim should accept a settlement or go to trial instead.

Most personal injury cases are settled before trial. The plaintiff and defendant will both agree on a settlement during the negotiating period, so the case never reaches trial. Reaching trial is time consuming and stressful, both of which costs money. However, there are times when going to trial may be more beneficial.

As each accident case is different from the other, it may be difficult to predict the outcome. Only hiring a qualified lawyer can help the injured party understand the difference pertaining to their specific case.

What is a Settlement?

A settlement is a formal agreement between two parties to decide a case. For example, if a person suffered a significant injury outside of a retail store but on the property, the injured party and their lawyer would estimate a value for compensation, factoring both economic and non-economic damages. This would happen before a trial is even considered, and if both parties agree, the case would be settled.

A settlement is much quicker than a trial. A settlement could take three to six months, and a trial could take up to a year to complete. However, there are some downsides to settlement as well. A settlement is final, so if lingering injuries become permanent, further negotiations cannot happen. There is also the possibility of not acquiring enough money to cover medical bills. Only going to trial can increase the amount of compensation.

Is it Always Beneficial to Go to Trial?

Avoiding a trial is beneficial for both parties, explaining why settlements happen more frequently.  If an insurance company believes that the defendant has a strong case or that they were at fault, then more than likely they would either agree to the proposed settlement or decide another amount. Not only does settlement help lower the costs for an insurance company, but it also looks better for them publicly as well.

However, there are times that a trial is better for the injured party. After discussing and scouring over the details of the case, the injured party’s lawyer may find that going to trial may be more beneficial. This is especially true if the insurance company offers a settlement that is lower than the plaintiff anticipated.  The plaintiff’s lawyer will then only consider a trial if they believe that the plaintiff has a strong case when going before a judge. If one believes their case should go to trial, they should speak to a skilled lawyer right away.

Atlantic City Personal Injury Lawyers at the D’Amato Law Firm Protect the Rights of Injured Clients

In any personal injury case, a lawyer is essential. If you have an injury, speak to one of our Atlantic City personal injury lawyers at the D’Amato Law Firm right away. Call us at 609-926-3300 or complete our online form for a free consultation. Located in Egg Harbor Township, New Jersey, we proudly serve clients throughout South Jersey, including Atlantic City, Linwood, Galloway Township, Cape May, Vineland, Millville, Bridgeton, Ocean City, and Woodbury.

Coronavirus Notice:
PLEASE READ »

A Message to Our Clients About Coronavirus COVID-19

At D’Amato Law Firm, we view the safety and well-being of our clients, staff and business partners as our highest priority.

The situation regarding the COVID-19 virus is continually changing, and we are following all recommended guidelines to stay healthy.

Currently, our law firm is remaining open to serve your legal needs.

We are happy to arrange for phone or video consultations should you have any concerns about keeping your scheduled appointments with us. We are also able to exchange documents via secure drives or email.

Should you have any concerns regarding an upcoming meeting with us, please contact us online or call (609) 926-3300.

Thank you and take care.