When another person injures you in an accident, you will usually file a lawsuit to recover compensation. Our lawyers can help prepare your claim and discuss how your case will proceed and the possibility of ending in a trial.
Personal injury claims consist of several phases before getting into the courtroom for a trial. Our team generally starts by identifying the final date we can file your claim and gathering evidence immediately. If no barriers exist to your right to sue, the case will move forward and preliminary motions will be filed to argue evidence and other issues that must be settled before trial. Throughout this process, our attorneys will be obtaining more evidence, including information from the defense, so we can negotiate a settlement. We will then review settlement offers and guide you on whether a trial is worth it.
Call Agrapidis & Maroules, P.C. today at (201) 777-1111 for a free review of your case with our personal injury attorneys in NJ.
What Happens When a Personal Injury Case Goes to Trial in New Jersey?
While most personal injury cases settle rather than ending in a trial, it is important to understand how they work in case you need to recover compensation from someone who injured you. Trials can essentially be split into two phases: the pretrial process and the trial itself.
Our personal injury lawyers in New Jersey can guide you on each step to get the damages you deserve. The pretrial phase is where many cases are actually won. During this period, our team will determine how long you have to file, whether any barriers prevent you from filing, and gather evidence to prove the elements of your claim. After the “discovery” phase, our team will review settlement offers and counsel you on whether they cover your losses or if we should proceed to a trial.
Determining the Deadline and Barriers to File Your Claim
The first step in most personal injury cases is to identify the “statute of limitations,” which is the deadline to file a lawsuit. In NJ, accident victims and those intentionally injured have two years to file a claim in the appropriate court, according to N.J.S.A. § 2A:14-2(a). The limitations period starts counting down the moment you are injured. If your case is not filed before time runs out, the case will not have a trial because the defendant’s attorneys will file a motion to dismiss it for violating the statute of limitations, which the court will most likely grant. Exceptions to this rule are limited, so it is critical to start your claim immediately after the incident.
Once we determine the filing deadline, we can identify potential barriers to your right to file a lawsuit. This issue typically arises in car accident lawsuits and claims for workplace injuries. Victims injured in a New Jersey car accident can only file a lawsuit if they have a no-fault insurance policy that grants that right under § 39:6A-8(b) or when they suffer “serious injuries.”
Likewise, many employees cannot file a lawsuit for workplace accidents because Workers’ Compensation insurance coverage is the lone legal remedy to recover their losses. Our team can determine if a third party caused your workplace accident or if your employer’s intentional misconduct led to your injuries, allowing you to pursue a lawsuit against them.
Filing Your Complaint and Arguing Preliminary Motions
The next step of the pretrial process is to gather enough evidence to support the claims that we will make in the complaint filed with the court. The complaint is the actual document that explains the incident in which you were injured, who the defendants are, what damages they caused, and the compensation needed to cover it. Once it is filed, your lawsuit is officially underway.
At this point, both sides’ attorneys can file preliminary motions on various issues that will impact whether the case goes to trial and what evidence will be allowed in it. In most cases, the defense will file a “motion to dismiss,” stating that you did not meet the elements of a personal injury claim in your complaint. Our lawyers can fight the motion by reasserting the facts that make up your prima facie case. Motions can also be filed to challenge the admissibility of certain pieces of evidence and a range of other issues, which our team will be prepared to argue.
Gathering Evidence During Discovery
Discovery is arguably the most important stage in the trial process. During this period, both sides are required to pass over the evidence in their possession so that everyone is operating with the same information. Contrary to popular belief, trials are not about surprising the other side with hidden evidence or witnesses. Instead, discovery strives to ensure fairness in the process.
During discovery, our lawyers will file motions for documents, answers to questions critical to establishing liability, and for turning over any other evidence in the defense’s possession. You and the defendant must also submit to questioning during “depositions,” which our team can prepare you for.
Negotiating and Reviewing Settlement Offers
If discovery is conducted correctly, the case will likely settle as there is usually enough evidence for the defense to determine that they cannot succeed in a trial. However, insurance companies almost always start with low settlement offers to see what victims will accept. The right amount to settle for will depend on the specifics of the case.
In some cases, evidence might be lacking, so it is better to accept a settlement offer rather than get nothing in an unsuccessful trial. In many others, we will make counter-offers to get what victims deserve. If we are confident that the case can be fought in a trial, we will counsel you on whether an offer should be rejected and when to take the case to the courtroom.
Call Our Personal Injury Attorneys in New Jersey Today to Discuss Your Accident and File Your Claim
For a free case review from our Englewood, NJ personal injury lawyers, contact Agrapidis & Maroules, P.C. at (201) 777-1111.