If you’ve been injured in an accident and are considering a personal injury claim in New Jersey, you might be wondering if you’ll have to go to court.
The good news is that most personal injury cases settle outside of court — in fact, around 90% of claims are resolved through negotiations without ever going to trial.
However, there are situations where court proceedings may become necessary. Understanding when a case might go to trial can help you prepare for the process.
When Might You Have to Go to Court?
While settlement is the preferred outcome in most cases, certain circumstances may require you to appear in court:
1. Unfair or Insufficient Settlement Offers
– If the insurance company or opposing party offers a settlement that doesn’t adequately cover your medical expenses, lost wages, pain and suffering, or other damages, you may need to take your case to trial to fight for fair compensation.
2. Lawsuit Filed on Your Behalf
– If settlement negotiations fail and your attorney files a lawsuit, you may have to attend court hearings, depositions, or even a trial, depending on how far the case progresses.
3. Missed Filing Deadline (Statute of Limitations)
– In New Jersey, you must file a personal injury claim within two years of the date of your injury. If you miss this deadline, you forfeit your right to pursue compensation in court.
How a Personal Injury Lawyer Can Help
Navigating a personal injury claim can be complex, but an experienced attorney can:
· Evaluate your case to determine whether a settlement offer is fair.
· Negotiate aggressively with insurance companies to secure the best possible outcome.
· Represent you in court if a trial is necessary to fight for the compensation you deserve.
Final Thoughts
Most personal injury claims in New Jersey are resolved without going to court. However, if a fair settlement isn’t reached or specific legal circumstances arise, being prepared for litigation is important.
If you’re facing a personal injury claim, consulting with a qualified personal injury attorney can ensure you understand your rights, maximize your compensation, and determine whether going to trial is the best course of action for your case.
Cooper Levenson is a full-service law firm established in 1957. Kathleen F. Beers, Esq. handles personal injury law and can be reached at kbeers@cooperlevenson.com or (609) 572-7570