Personal injury claims can be daunting and overwhelming, especially when navigating the legal system. If you file a personal injury claim in New Jersey, one of the questions you may ask yourself is whether you’ll have to go to court. The answer depends on several factors! These include the severity of your injuries, the evidence you have to support your claim, and whether or not you and the other party can come to an out-of-court settlement.
This article will discuss what a personal injury claim is and do you need to visit court for your personal injury claim. Let’s dive into the details!
What is a Personal Injury Claim?
A personal injury claim is typically a legal process through which an individual seeks compensation for injuries they have suffered due to another party’s negligence or intentional harm. This type of claim can arise from a wide range of incidents.
These include car accidents, slips and falls, medical malpractice, and product defects. There are over 400,000 personal injury claims reported annually in the US. Here are some factors that can determine whether or not you have to go to court for a personal injury claim:
The Severity of Your Injuries
This factor can impact whether or not you will need to go to court. In general, cases involving more serious injuries are more likely to go to trial. This is because insurance companies and defendants may be more resistant to settling for large sums of money. If you have suffered significant injuries that require ongoing medical treatment or result in permanent disability, your case may be more likely to go to trial.
Evidence in Your Case
The strength of the evidence in your case can also impact whether or not you will go to court. If the evidence supporting your claim is strong, the defendant or insurance company may be more willing to settle out of court. However, if there are questions about liability or the severity of your injuries, the case may need to be resolved in court.
The Willingness of Both Sides to Negotiate
In many personal injury cases, both sides may be willing to negotiate a settlement without going to court. However, if one side is unwilling to negotiate or offers an unreasonably low settlement, the case may need to be resolved in court. Your lawyer can help you assess whether settlement negotiations are likely to be successful in your case.
Statute of Limitations
In New Jersey, there is a limited amount of time in which you can file a personal injury claim. This is commonly known as the statute of limitations, and its duration is two years for the people of NJ. If you don’t file your personal injury claim before the statute of limitations ends, you may be unable to pursue compensation. If your case is close to the statute of limitations deadline, your lawyer may need to file a lawsuit to protect your right to seek compensation.
Not only this but if you don’t contact a reputable and experienced law firm, the opposite party may be reluctant to settle. This can also lead your personal injury claim to the court.
Filing Personal Injury Claims in New Jersey
Typically, most personal injury claims are settled outside court. According to Forbes, only 4% to 5% of personal injury claims go to the trial court. However, if your case hasn’t been settled, you may need to file a formal lawsuit for compensation. Even if you’ve filed a lawsuit, you can still reach an agreement with the other party without going to court.
Both parties will appear before a mediator: a former or current judge with significant experience in personal injury claims. This process is known as mediation, and both parties will see more evidence which may make the negotiation successful. Remember, this isn’t a formal courtroom proceeding; if you reach a settlement, you don’t have to go to the formal court.
Unfortunately, if you still haven’t reached any settlement, you and your lawyer must go to court for a trial. It’s important to note that every personal injury case is unique, and the exact process may vary depending on the situation of the case.
Most personal injury claims are sorted out of court, and you don’t have to go through a court trial. However, a personal injury claim can become challenging if you don’t have experience. That’s where Raffi T. Khorozian helps you! We have a team of reputable car accident lawyer who fights for your deserved compensation. Moreover, we also serve to ensure your personal injury claims utilizing our experience and help you settle without having to visit court.
So, contact us now to avoid the hassle of courts!
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