Mike’s Quick Answer
It depends on liability, damages, coverage, offers, court rulings, and the client's informed decisions, but often a New Jersey injury case can resolve before trial. No responsible lawyer can promise that result. Preparing the case as if a jury may hear it is often what makes a fair resolution possible.
Most Cases Have Several Resolution Points
Negotiations may occur before suit, during discovery, after depositions, around expert reports, at arbitration, during mediation, after motions, at a settlement conference, or even during trial.
The defense may need enough evidence and authority before changing its position. A case that does not settle early is not automatically destined for a verdict.
The Client Controls Settlement
The lawyer recommends, explains risk, prepares evidence, and negotiates. The client ordinarily decides whether to accept a settlement after understanding the gross amount, estimated net, delay, uncertainty, and trial alternatives.
Trial decisions also involve witness availability, medical proof, experts, credibility, evidentiary rulings, comparative fault, policy limits, and the emotional and financial cost of continuing.
What Trial Preparation Looks Like
Preparation may include witness meetings, exhibit organization, motions, jury instructions, medical testimony, demonstrative evidence, and rehearsing the sequence without scripting false answers.
Mike can explain the likely path and prepare the client for each stage. A trial date is a serious deadline, but it does not eliminate settlement discussions.
Frequently Asked Questions
Can I refuse a settlement offer?
It depends on capacity and any unusual authority issue, but ordinarily the informed client decides whether to accept. Counsel should explain benefits, risks, and likely net before that decision.
Can the case settle after jury selection begins?
It depends on the parties and court, but often negotiations can continue through late stages. No settlement exists unless authorized and agreed on acceptable terms.
Sources and Further Reading
Important
This article provides general New Jersey information and is not legal advice. Every matter depends on its facts, policy language, deadlines, and applicable law. Medical questions should be discussed with a licensed physician. Tax questions should be discussed with a qualified tax professional.