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Will My Personal Injury Claim Go To Trial?


Were you or a loved one seriously injured in an accident? You have a right to file a personal injury claim against the at-fault party. For example, a slip and fall accident that happened because of the negligence of a property owner could be grounds for a personal injury lawsuit. You may be wondering: Will my personal injury case go to court? The short answer is that personal injury trials are uncommon, but that you always need to be prepared for court. Here, our Monmouth personal injury lawyers highlight the key things to know about personal injury litigation.

Personal Injury Trials are Relatively Uncommon—Far More Cases are Settled 

If you file a personal injury claim, your case probably will not end up being resolved through a trial verdict. While the data varies from year-to-year and jurisdiction-to-jurisdiction, somewhere between 2 percent and 5 percent of personal injury claims end up in court.

In other words, personal injury settlements are far more common than personal injury verdicts. For a wide range of different reasons, claims are more likely to be resolved through a settlement. Still, settlement is never guaranteed. Any particular case could end up in court.

You Cannot Get a Full and Fair Personal Injury Settlement Without a Strong Case 

While personal injury cases are more likely to be settled, it is important to understand that big corporations and large insurance companies want to settle cases for the lowest amount that they can get away with. Your injury settlement should cover the full extent of your damages, including:

  • Property damage;
  • Medical bills;
  • Lost wages;
  • Pain and suffering; and
  • Disability/disfigurement.

To get a full and fair settlement in a personal injury claim, you need to present a strong and well-supported legal case. It is crucial that you are prepared for litigation. Not only because trials do sometimes happen, but because cases are only settled for full value when the other side knows that you have the evidence to hold them liable.

Be Proactive: You Must Initiate a Claim Within the Statute of Limitations 

You cannot file a personal injury lawsuit whenever you wish to do so. Instead, any claim must be initiated before the relevant statute of limitations expires. The personal injury statute of limitations varies by state. Here is an overview of what you should know:

  • New Jersey: Under New Jersey law (N.J. Stat. § 2A:14-2), most personal injury claims are subject to a two-year statute of limitations.
  • New York: Under New York law (CPLR 214(5)), most personal injury claims are subject to a three-year statute of limitations.

Set Up a Free Consultation With a Top-Rated Personal Injury Attorney

At Poulos LoPiccolo PC, we are focused on getting justice, accountability, and full financial compensation for injured victims. If you or your family member was seriously hurt in an accident, our legal team is here to help. Contact us today to arrange your no cost, no strings attached consultation. We handle personal injury claims in both New Jersey and New York.



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