Settling vs. Going to Trial in Camden County Injury Cases
A person who was injured has an opportunity to make a claim against the person that injured them. Sometimes the person who has caused the injury does not have insurance, and the only recourse the injured party would have is to attempt to collect some sort of compensation from the responsible party’s personal assets. Usually, under the laws in New Jersey, most people carry auto insurance or another type of insurance to protect people that are injured.
Somebody who has been injured has the option of making a claim with the other party’s insurance company, and if unable to resolve that claim, bringing a formal lawsuit to be compensated for their injuries. An injury attorney can help an individual decide whether or not to settle their case or bring it forward to trial.
Settling Out of Court
A person should consider settling their case after first understanding their rights and the extent of their damages, which not only includes the personal injury, but the economic damages including wages lost and out of pocket medical expenses. Before they even consider settling their case, they must understand whether or not there are liens or bills that must be paid back or insurance policy payments that must be paid back out of any recovery. Before someone considers settling the case, they need to understand their rights and all the facts that substantiate their damages.
Once they do settle their case, it is final and there is no going back at a future date if they forgot something or they are more injured than they realized. It is important for an individual to have all the necessary evidence gathered before determining whether or not to take their Camden County case to court or to settle.
Taking the Case to Trial
Whether or not to take a case to trial is a very fact-sensitive and careful analysis. To consider taking a case to trial, an individual must first understand the liability or responsibility issues involved in the case and the chances of success proving that somebody was responsible. An individual must also understand the scope of the damages that can be proved, including not only non-economic damages like pain and suffering, but economic damages, which would include lost wages and out of pocket bills. Also, an individual will have to consider liability, damages used, the venue in which the lawsuit would be heard, and the type of jurors an individual would expect on the jury. An individual will also need to understand the amount of compensation likely to be collected because of the limits of insurance or the lack of insurance.
Finally, an individual must always consider the risk of appeal. If the other party is unhappy with the result, they have the opportunity to appeal and delay the matter. These are all considerations that need to be factored in when determining whether or not to take a Camden County trial to court or to settle.
Role of an Attorney
A lawyer will help a person understand the liability issues, like whether the case will likely go to holding another party responsible or multiple parties responsible. A lawyer will help the individual understand their damages, what can be proved under the law, and the legal issues involved in the case. A lawyer can help an injured party to understand the venue, meaning what kind of jury they can expect in that geographic location as well as the personality of the judge if it is somebody the lawyer has seen before. Also, a lawyer can help a person understand the risks of appeal in the future, and make a sound judgment as to whether or not the risk of the trial is worth it or whether a settlement should be considered in that particular Camden County case.