Explaining The Personal Injury Case Process
Many legal movies and TV shows highlight the legal process as an experience that takes place in front of a judge and jury. While this is always a possibility, it is actually not the norm. Many personal injury cases will end in a settlement.
Settlement Versus Trial
A settlement occurs when both parties come to an agreement in terms of accepted compensation. Settlements are controlled by the parties and will be an attempt to resolve the dispute without third party intervention. Sometimes the parties cannot reach an agreement and the case will not settle. At a trial, there is no guarantee as to how a jury (you keep using a judge, but it is rarely a judge that will decide) will decide your matter. It could be much more, much less or nothing. Therefore, settlements often maintain some level of control in the hands of the plaintiff in terms of how the case is resolved.
When you are faced with increasing medical costs and lost wages, the guarantee of a settlement offer is often tempting. Also, the defendant, whether it is an insurance company or a liable business often have settlements built into their budget. By offering a settlement, even if they do not believe they are guilty, they can reduce legal costs and avoid a public trial.
When to Turn Down an East Orange Settlement Offer
While agreeing to a settlement offer can benefit both the defendant and the plaintiff, it does not always make sense to agree to one. There are a few situations in which you might consider going to trial instead.
The Settlement Offer is Not Enough
If the amount that you are offered is significantly less than the damages that you have suffered, then it may not make sense to accept the offer. This is especially true if you have substantial evidence of their wrongdoing. In some cases, you can counter-offer a different amount. However, if the defendant does not agree to it, it is likely that the case will go to trial.
The Guilty Party is Attempting to Cover Something Up
The problem with settlement offers is that the defendant often includes a requirement that the injured party accepts the offer and then refrains from discussing the case further. While this may not be a big deal in smaller cases, it can lead to large businesses covering up poor practices that lead to injuries.
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 with others who have been injured can help you better understand the expectations and outcomes of both options. It is also important to consider the number of damages that you have suffered. A settlement offer is less likely to include compensation for non-economic damages like pain and suffering and diminished earning capacity.
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 email us 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.