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Most personal injury claims never go to trial

Trial and Personal Injury Lawsuits

The vast majority of personal injury legal claims never go to trial. Most often, attorneys and insurance companies will negotiate a compensation settlement package that covers items such as the injured person’s medical costs, repair or replacement of the vehicle involved, pain and suffering, and lost wages.

Decisions regarding settlement of a case are made based on past amounts that juries or insurers have paid on similar personal injury claims. Personal injury attorneys have extensive experience and understanding of these types of cases. The personal injury attorney and the insurer will generally negotiate a settlement. The negotiations begin when one or the other party, the insurer or the attorney that represents the injured person, presents an initial settlement offer or a settlement demand.

There is then negotiation between the insurer and the attorney until both sides can agree on a settlement. When the defense, the insurance company, will not consider appropriate and fair compensation to a person injured through no fault of their own, a personal injury case may go to trial. This means that the case will be tried in front of a jury.

Between 95 and 96 percent of all personal injury cases in the US are settled outside of court, pretrial. That leaves about four percent of cases that do go to trial. In most situations that go to trial, the amount of the settlement determined is higher.

Among the reasons that cases settle is that going through the court process can take a significant length of time. As well, the case and the circumstances will need to be investigated and researched by both sides. Witnesses need to be tracked down, interviewed, and the like. There is also a significant legal process that must be followed in any personal injury claim. As well, a trial is far more costly.

Contact the Law Offices of Gregg A. Wisotsky, Personal Injury Attorney, NJ

At the law offices of attorney Gregg A. Wisotsky, I can answer your questions, explain your rights, and represent you in a personal injury claim. Contact my office online or call me at 973-241-7468 for a free consultation. Additionally, I charge no attorney fees unless I win your case on your behalf. In addition to personal injury law, I also practice criminal defense.

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Toll Free: 973-898-0161

After Hours and Weekends: 908-229-9714

Our Locations

  • Morris County
    1719 Route 10 East
    Suite 106
    Parsippany, NJ 07054
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  • Passaic County
    73 Mountainview Boulevard
    Wayne, NJ 07474
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  • Somerset county
    403 King George Road
    Suite 202
    Basking Ridge, NJ 07920
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