Personal injury lawsuits aim to adequately compensate individuals who are hurt in an accident for their injuries. However, sometimes, the complaining party – the plaintiffs – do not prevail. All personal injury lawsuits are different, and, as such, they yield different results. The following are all possible outcomes that one could have if he or she files a personal injury lawsuit.
Settlements in Middlesex County, NJ
More often than not, lawsuits settle before trial. In fact, 95% of all civil cases filed in the United States result in a settlement. This means that the injured party and the party against whom the lawsuit is filed have reached an agreement regarding the case, whereby the injured party agrees to receive monetary compensation or other damages from the opposing party in exchange for the injured party dropping the lawsuit before trial. Settlement agreements are typically reduced to writing, confidential, and are legally binding. If a lawsuit has been initiated before settlement occurs, a judge must typically approve the settlement agreement.
If settlement occurs, the plaintiff will receive at least some compensation for his or her injuries. The amount of compensation the plaintiff will receive depend on the terms agreed upon by the parties. The defendant, on the other hand, will receive a quick resolution of the lawsuit and, as stated above, confidentiality.
Injured Party Drops The Case in Monmouth County, NJ
Another possible outcome that could occur in a personal injury lawsuit is that the plaintiff will drop the case. Sometimes, the plaintiff will drop the lawsuit as consideration for a settlement agreement, but other times, the plaintiff will decide to drop the case because he or she simply has a change of heart or the plaintiff decides the lawsuit is not worth pursuing.
If a plaintiff drops a lawsuit, in addition to receiving no monetary compensation for injuries sustained, the plaintiff may also have to pay for costs incurred by his or her attorney, costs incurred by the opposing party, and may be prohibited from reinstituting the lawsuit.
Injured Party Wins At Trial in New Jersey Courts
If the lawsuit goes to trial, the plaintiff may end up winning a verdict at trial. The verdict will include a finding that the opposing party is liable for the plaintiff’s injuries as well as a finding as to the amount of appropriate damages awarded based on the facts of the case. These damages, or monetary compensation, will include money for medical costs, lost wages, property damage, pain and suffering, and/or emotional distress.
NJ Defendant Wins At Trial
If a personal injury lawsuit goes to trial, there is always a chance that the defendant could win. When this occurs, the plaintiff will receive no damages for his or her injuries and may even be liable for costs incurred by the defendant because of the lawsuit.
Post-Trial And Appellate Proceedings in New Jersey
After a trial, an attorney for either party may make a post-trial motion requesting for the court to vacate or set aside a verdict for a specific reason. Oftentimes, this reason is that the verdict is against the weight of the evidence presented at trial. If this occurs, the trial court can either affirm the verdict or grant the relief requested. Depending on what the trial court decides, the plaintiff may end up losing the verdict it won at trial, the plaintiff may receive a verdict after losing the case at trial, or the case may have to be retried.
When a party loses at trial or is denied the relief requested in a post-trial motion, he or she may appeal the decision to a higher court for review. That higher court will then either affirm the trial verdict or post-trial motion decision, overturn the verdict, or remand the case to a lower court for a new trial. Generally speaking, it is more common that a higher court will affirm a verdict. If a higher court does remand the case to a lower court, it will often be on only some of the issues litigated at trial instead of the entire case.
Contact an Edison Personal Injury Lawyer to Discuss Your Personal Injury Lawsuit in New Jersey
Did you or a loved one sustain serious personal injuries due to a truck accident in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party, or their insurance company, to do the right thing. Right now, you need an aggressive personal injury attorney on your side and fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Lombardi & Lombardi, P.A. represent clients in their personal injury lawsuits in Edison, Piscataway, New Brunswick, Old Bridge, and throughout New Jersey. Call (732) 709-7992 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 1862 Oak Tree Road, Edison, NJ 08820, as well as other offices in Brick, Freehold and Point Pleasant Beach.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.