When people are injured in accidents, usually the first thing that occurs
is they receive medical care. Whether they were injured in a
car accident, or they
slipped and fell at a retail establishment, or were attacked by their neighbor’s
vicious Rottweiler, the costs begin to add up.
If it was a car accident, the injured can have tens of thousands, if not
hundreds of thousands of medical bills. Next, lost income and a ruined
vehicle come into play.
Before you know it, a simple car accident turns the person’s life
upside-down. More than that, it’s affected the victim’s entire
family emotionally and financially. The victim couldn’t afford medical
insurance, so who’s going to pay his medical bills? His car is wrecked,
and now he has no way to get to work and provide for his family.
Does any of this sound familiar? Has an accident or injury snowballed into
major medical bills? Have you lost a week, two weeks, or perhaps a month
or more of work?
As you can imagine, the damages from an accident can add up quickly and
when they do, injured parties come to the conclusion that they have to
hire a personal injury attorney to seek compensation. You know you have
to file a lawsuit – you have no other choice. Now you want to know,
“Will my case go to trial?”
Most, But Not All, Claims Settle Out of Court
Will your case go to trial? Most likely no, it will not. The truth of the
matter is that the vast majority, more than 90% of personal injury cases,
settle out of court. There are many reasons for this, and believe it or not, it’s usually
in the best interests of both parties to negotiate a settlement rather
than go to trial.
For the defendant (the liable party), settling is in their best interests.
One reason is because defendants have to pay their attorneys out-of-pocket.
Hence, legal fees, lengthy depositions, independent investigations, expert
witnesses, and accident reconstructions get
But, settling is beneficial for plaintiffs (injured parties) as well. While
plaintiffs often enter contingency-fee arrangements where there are no
attorney fees unless they win, they still benefit from settlements. Why?
Because, when a defendant wins, any and all fees and expenses are deducted
from their settlement.
So, if a plaintiff’s case goes to trial, instead of settling, there
will be a lot more fees involved, such as fees for accident reconstructions,
expert witnesses, depositions, and of course there will be more legal
fees involved as the case will be more labor-intensive for the plaintiff’s
All of those expenses are deducted from the plaintiff’s settlement,
so it makes sense to drive down the costs of their case wherever possible.
Reasons to settle a claim:
- Juries are unpredictable
- There is no guarantee that a jury will award more money
- Trials take much longer than settlements
While we strive to reach a fair settlement with insurance companies as
swiftly as possible, we realize that this is not always practical. If
the defendant is unwilling to accept liability or agree to a fair settlement,
sometimes our clients are better-served by a full-blown jury trial.
Looking for a New Jersey personal injury attorney?
Call Brandon J. Broderick, Attorney at Law today. We guarantee a 12 hour call back!