Mike’s Quick Answer
It depends on liability, damages, coverage, credibility, legal issues, and negotiation, but often a New Jersey personal injury case resolves before a jury returns a verdict. Some settle before filing, during discovery, at mediation, near trial, or even after trial begins. A lawyer should prepare the case as though trial may occur while continuing to evaluate reasonable settlement opportunities.
Trial Risk Drives Settlement
An insurer's willingness to pay can depend on whether the evidence is admissible, witnesses are credible, experts are prepared, damages are documented, and counsel can present the case clearly.
A file treated as certain to settle may lose value if deadlines are missed or proof is underdeveloped. Serious preparation creates options even when the client's preference is to avoid trial.
Some Disputes Are Hard to Compromise
Cases are more likely to require trial when fault is sharply disputed, the defense rejects medical causation, the parties value the harm very differently, coverage is limited, or a legal ruling changes leverage.
Multiple defendants, public entities, punitive conduct, unusual experts, prior injuries, surveillance, and credibility disputes can also affect the path. No percentage predicts one individual case.
The Client Makes the Settlement Decision
The lawyer advises on evidence, expenses, delay, liens, appeal risk, and likely outcomes. The client ordinarily decides whether to accept a settlement, while counsel controls professional and tactical decisions within the representation.
Mike can explain what would happen next and how trial risks compare with a specific offer. He cannot promise a verdict or remove uncertainty from a jury decision.
Frequently Asked Questions
Can I refuse to testify at my own trial?
It depends on the issues and strategy, but an injured plaintiff is commonly an important witness. The consequences and available accommodations should be discussed with counsel well before trial.
Can my case settle after the jury is selected?
It depends on the parties, but settlement discussions can continue late in the process. No one should assume a last-minute agreement will occur.
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.