Your Options After a Motor Vehicle Accident – Settlement vs. Trial

In New Jersey, as in all states, when you suffer injury in a car accident because of the negligence of another person, you have a right to bring a legal claim to recover damages for lost wages and income, medical expenses not covered by your insurance, physical pain and suffering, loss of consortium or companionship, and loss of enjoyment of life. To succeed in litigation, you’ll need to prove the defendant(person being sued) caused the accident by acting unreasonably.

The trial process can be grueling and fraught with peril. Accordingly, one of the first considerations is whether to settle your claim. Settlement has some obvious advantages:

• You’re certain to receive something—Without settlement, there’s always the risk that the court will dismiss your claim or the jury will award minimal damages.
• You’ll receive compensation much sooner—There’s no specific timetable for how long it might take if your case goes to trial, but pre-trial discovery and motions often drag out litigation for months or even years.
• You won’t have to worry about an appeal—Even if you win at trial, the defendant may appeal the decision to be reviewed by a higher court. You won’t see any compensation until all appeals are resolved.

In situations where liability is clear-cut, the defendant may agree to settle in order to avoid the cost of litigation, but most defendants settle so they can limit their potential liability. Accordingly, it’s fairly common for a defendant to settle early on to avoid going to trial.

Contact Howard D. Popper, P.C.

For a free initial consultation to discuss your options after a motor vehicle accident, contact our office online or 973-993-8787 to set up anappointment. We have offices in Morristown and Newton. Currently, all our client communications are by phone, text message, or videoconference.

We handle all motor vehicle accident claims on a contingent fee basis. You won’t pay any attorney fees unless we recover damages for your losses.