When dealing with a personal injury case in New Jersey, one of the most critical decisions you’ll face is whether to settle out of court or pursue a civil trial. Each option comes with its own set of advantages and drawbacks, and the best choice depends on your unique situation. With guidance from an experienced personal injury lawyer, you can make an informed decision that prioritizes your rights and needs.
This blog will explore the pros and cons of both approaches and explain how a skilled personal injury attorney can help you navigate this pivotal choice.
What Is a Settlement?
A settlement is an agreement reached between the parties in a legal dispute, typically outside of court. In personal injury cases, this often involves the at-fault party or their insurance company offering monetary compensation to resolve the matter. Settlements can occur at any stage of a case, even before a lawsuit is filed or while a trial is underway.
Advantages of Settling Your Case
- Faster Resolution: Settling a case is often quicker than going through a lengthy court process. Many settlements are finalized in a matter of weeks or months, allowing you to move forward sooner.
- Lower Costs: Court trials can be expensive, with costs including attorney fees, court filing fees, and expert witness expenses. Settlements help avoid many of these additional expenses.
- Predictable Outcome: By accepting a settlement, you know exactly how much compensation you will receive. This eliminates the uncertainty of relying on a jury’s decision.
- Reduced Emotional Stress: Trials can be emotionally taxing, involving intense scrutiny, public exposure, and lengthy testimony. A settlement spares you the stress of going to court.
Drawbacks of Settling Your Case
While settlements can offer many benefits, they’re not always the best option for every situation. Here are some potential downsides:
- Potentially Lower Compensation: Insurance companies often aim to minimize payouts, which means settlement offers may be less than what you could receive through a trial.
- Lack of Admission of Fault: In many settlements, the at-fault party does not admit responsibility for their actions, which may leave some plaintiffs feeling like justice was not fully served.
What Is a Civil Trial?
A civil trial is a formal legal proceeding in which a judge or jury decides the outcome of your case. This process involves presenting evidence, calling witnesses, and arguing your case in court. Trials are typically pursued when the parties cannot agree on a fair settlement or when the injured party seeks full accountability from the at-fault party.
Advantages of a Civil Trial
- Possibility of Higher Compensation: Trials can result in larger awards than settlements, especially if the jury finds that you are entitled to compensation for extensive damages or if punitive damages are warranted.
- Accountability: A trial may publicly hold the at-fault party accountable for their actions, providing a sense of justice and closure for the injured party.
- Punitive Damages: In cases involving egregious behavior, a jury may award punitive damages, which are intended to punish the defendant and deter similar conduct in the future. Such damages are not typically part of a settlement and they are capped.
Challenges of Going to Trial
Despite its potential benefits, pursuing a trial comes with significant risks and challenges:
- Lengthy Process: Trials can take months or even years to reach a conclusion, delaying the resolution of your case.
- Uncertainty: The outcome of a trial is never guaranteed. Juries can be unpredictable, and there is always a chance you may not receive any compensation at all.
- Higher Costs: Trials require substantial resources, including legal fees, expert witnesses, and preparation time. These costs can add up quickly.
- Emotional Toll: Going to court can be stressful and overwhelming, particularly for those who are already dealing with the aftermath of a serious injury.
Factors to Consider: Should I Settle My Personal Injury Case or Go to Trial?
Deciding whether to settle your case or take it to trial is a personal choice that depends on your priorities and the circumstances of your situation. Here are some key factors to weigh:
Strength of Your Case
- If the evidence is strongly in your favor, you may be in a better position to negotiate a higher settlement or succeed at trial.
- If liability is disputed or evidence is unclear, settling may be a safer and more practical option.
Financial and Emotional Needs
- Do you need compensation quickly to cover medical expenses or lost wages? If so, settling may provide faster relief.
- Are you emotionally prepared for the stress and uncertainty of a trial?
Answering these questions can offer great insight into which avenue you should pursue.
Potential Compensation
- If the settlement offer does not adequately cover your current and future expenses, a trial might be necessary to pursue full compensation.
- Conversely, if the settlement offer is reasonable and aligns with your needs, accepting it could save time and resources.
Advice from Your Personal Injury Lawyer
An experienced personal injury lawyer can assess your case, advise you on the strengths and weaknesses of each option, and negotiate aggressively on your behalf.
How Lipari & Deiter Helps New Jersey Residents Make Informed Decisions
At Lipari & Deiter, we understand that every personal injury case is unique. That’s why we take a personalized approach to every client’s situation. Our attorneys have decades of experience handling personal injury claims across New Jersey, providing skilled representation in both settlements and trials.
Comprehensive Case Evaluation
We thoroughly examine all aspects of your case, including liability, evidence, and the full extent of your damages. This helps us determine the best strategy to maximize your compensation.
Skilled Negotiation Skills
If settling is in your best interest, our attorneys will negotiate tirelessly with insurance companies to ensure you receive a fair and just offer. We have extensive experience dealing with insurers who often undervalue claims.
Aggressive Trial Representation
If a trial is the best course of action, our skilled litigators will fight for your rights in court. We build compelling cases and present them with confidence, ensuring that your voice is heard and your interests are protected.
Guidance Every Step of the Way
Whether you’re asking, “Should I settle my personal injury case?” or considering a civil trial, we provide clear, honest advice to help you make the right decision for your future.
Call Lipari & Deiter Today for Skilled Guidance on Your New Jersey Personal Injury Claim
Choosing between settling your case and going to trial is a significant decision that requires careful consideration. At Lipari & Deiter, we are committed to helping you make an informed choice that prioritizes your well-being and maximizes your compensation. Let us handle the complexities of your legal case while you focus on healing and moving forward. We represent clients in Atlantic City, Marlton, Pleasantville and throughout New Jersey.
Contact us today at 609-645-9400 for a free consultation. We’ll help you weigh your options, fight for your rights, and secure the best possible outcome for your case.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.