Do Personal Injury Claims go to Court?


Personal injury cases can come about seemingly randomly from a variety of circumstances. An injury that occurs in a place of business, in the workplace, or in the form of a car accident is not planned for and can leave you and your family in a tough financial situation. The unexpected costs of medical bills and lost wages quickly soar to heights that seem unreachable. Thousands of dollars can be spent in a medical facility in just one day. In the worst of cases, you may even acquire an injury that leaves you incapable of returning to the workplace. When these unfortunate accidents take place, you have legal rights that help you receive compensation, and it is advised you meet with a passionate personal injury lawyer to help you understand them.

There are two main avenues to take following an accident to file a personal injury claim, but only one involves going to court. Most personal injury attorneys attempt to settle claims outside of court before proceeding to a trial, saving time and money.

Settling a Personal Injury Claim

The grand majority of personal injury lawsuits settle outside of court, which tends to be the preferred solution as trials are expensive and time-consuming for everyone involved. Settling brings many advantages, including the fact that you receive compensation for your injuries more expeditiously once an acceptable offer is made by an insurer or the individual or corporation who was at fault for the accident.

To reach a settlement, an experienced personal injury attorney handles all negotiations with the defending party to ensure a fair sum. Negotiations take place without the need to file any lawsuits and usually occur before a case goes to trial. At times, a settlement offer can be made after a case has gone to trial and the trial has begun, but before a final verdict is issued. On rare occasions a settlement can be reached during jury deliberation. This occurs when either or both parties mutually perceive settling as less risky than the fate the jury would decide for them. If your personal injury case goes to court, you always run the risk of receiving nothing in the end.

Going to Court

While settling is the smoothest route to receiving compensation for your personal injury claim, there are times when it is necessary to take your claim to court. Litigation is the last resort when your claim has been wrongfully denied by your insurance company, or when your insurance company refuses to offer a proper settlement to pay for your damages. When this happens, a judge and jury analyze your case and decide whether you are entitled to damages.

Going to court is avoided as much as possible, as expenses can make the endeavor not worthwhile. Plaintiff's attorneys fees can skyrocket once the case goes to trial, whereas settling ensures you don't pay your attorney unless you get paid for your claim. Insurance companies are also subject to pay legal fees for their defense. Attorneys can cost them $150-$400 per hour, while the average trial lasts from 50-60 hours. They stand to lose serious money if they are taken to court. There are also administrative fees, court filing fees, expert witness fees, and possible travel expenses. Both parties generally prefer to avoid these fees, which is the #1 reason most claims settle outside of court.

If you have been wrongfully injured it is your legal duty to attempt to receive compensation for injuries you did not deserve to acquire. Attorney James Vasquez prides himself on aggressively representing victims of slip and fall, negligence, and recklessness in New Jersey to win them the financial compensation they deserve. Call 862-247-8711 for a free legal consultation today. Remember, you don't pay until you do!