The Personal Injury Process
Many legal movies and TV shows highlight one specific portion of the legal process; the jury trial. It can be the most dramatic part of a case, and it definitely makes for great drama on the silver screen, but what most people don’t realize until they are going through it, is that most cases settle out of court. This is usually done through settlement negotiations between your attorney and the insurance company or the attorney for the responsible party.
Settlement Versus Trial
A settlement occurs when both parties come to an agreement to resolve the dispute, usually in the form of an amount that all parties can agree will be a fair amount of compensation. Settlements usually come as the result of some compromise by both parties, who may be seeking to avoid some of the unpredictability of trial. Through settlement, the parties have control over the amount of the compensation being given and accepted. At trial, a jury will be in total control of the final result and their final decision could be an amount significantly higher than the final settlement offer, or it could be nothing. Additionally, settlements can sometimes save you additional amounts in costs and expenses in preparing a case for trial.
Both parties stand to invest additional amounts, sometimes large amounts of money and time preparing a case for trial. These expenses can come from experts, additional depositions, court interpreter fees, expert reports, evaluations and review. An analysis must be conducted by both sides to determine whether the expense of going to trial is worth the potential gain that may be achieved at a trial.
When to Turn Down an East Orange Settlement Offer
Settlements can be beneficial and expedite and already protracted process; however, accepting a settlement is not always the right answer. Here are a couple of examples where you might choose to proceed to trial, rather than accepting a settlement offer.
The Settlement Offer is Not Enough
A full evaluation of your damages have to be performed. The damages you have suffered have a value and a reliable and skilled attorney will provide you with an honest assessment of what those damages may be. If the settlement offer is significantly less than the damages that you have suffered, then it may not make sense to accept the offer. It is critical to have confidence in your attorney to advocate and re-negotiate low offers on your behalf. Your attorney should be highlighting the valuable portions of your case, including evidence that helps prove wrongdoing by the responsible party, the nature and extent of your injuries and the manner in which those injuries have impacted your life. The defendant (responsible party) is often making the same calculation. If you cannot agree to a fair amount, then you should proceed to trial.
Knowing When to Settle Your North Bergen Case
Deciding whether or not to settle can be an overwhelming decision. There is always the possibility that you could be awarded more if you turn down a settlement offer and take the case to trial. However, with a trial, there is also always the possibility that you will lose and walk away with nothing.
Deciding whether to accept a settlement offer or go to trial depends on the details of your case. Discussing your case with an experienced personal injury lawyer who has worked these cases can help provide you with a complete analysis of the value of your case and an explanation concerning the value of your settlement offer.
Contact a Union Personal Injury Lawyer to Discuss Your Personal Injury Case in New Jersey
Did you or a loved one sustain serious injuries due to a personal injury 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 Bramnick, Rodriguez, Grabas, Arnold & Mangan, LLC represent clients injured because of personal injury in Elizabeth, Union, Plainfield, Newark, Woodbridge, Old Bridge, Piscataway, New Brunswick, Perth Amboy, Paterson, Clifton, Passaic, Wayne, and throughout New Jersey. Call (908) 325-5571 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 1827 East Second Street, Scotch Plains, New Jersey 07076, as well as offices in Westfield, Newark, East Brunswick, Clifton, Cherry Hill, and Elizabeth.
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.