Why Some Personal Injury Cases Go to Trial in New Jersey

Experiencing a personal injury due to someone else’s negligence can be a life-altering event. The impact can be overwhelming, from the immediate shock and pain to the mounting medical bills and lost wages. You might file a claim, hoping for a smooth and fair settlement to cover your losses. While many cases are resolved through negotiation, some inevitably head to trial.

This comprehensive guide will explore why personal injury cases like slip and fall, and car accidents in New Jersey sometimes end up in court, walk you through the process, and explain what you can expect if you find yourself in this challenging situation.

What is a Trial?

A trial is a formal judicial proceeding where both parties present their case before a judge or jury. In personal injury lawsuits, trials are typically held when settlement negotiations fail, and the plaintiff (the injured party) seeks damages from the defendant (the responsible party).

The trial process involves several steps, including:

• Jury selection (if applicable)
• Opening statements from both parties
• Presentation of evidence and witness testimony
• Cross-examination by opposing counsel
• Closing arguments
• Jury deliberation (in jury trials)
• Verdict and judgment

Unlike settlements, trials carry the risk of an unpredictable outcome, as the final decision rests with the judge or jury. However, they are sometimes necessary when insurance companies refuse to offer a fair settlement.

Common Reasons Personal Injury Cases Go to Trial in New Jersey

The vast majority of personal injury cases are resolved through settlement negotiations long before a trial becomes necessary. This saves time, money, and emotional stress for both parties. However, several factors can push a case towards litigation:

Disagreement on Liability

If the parties involved cannot agree on who is at fault, the case may require a trial to determine responsibility. New Jersey follows a comparative negligence rule (N.J.S.A. 2A:15-5.1), meaning that if a plaintiff is found partially responsible, their compensation may be reduced proportionally. If the defendant argues that the plaintiff is more than 50% responsible, they may refuse to settle, forcing the case to trial.

Disagreement on Damages

Even if liability is established, disagreements can arise regarding the amount of compensation the plaintiff deserves. This often involves disputes over the severity and permanency of injuries, the reasonableness and necessity of past and future medical treatment, the extent of lost wages (past and future), the value of pain and suffering, emotional distress, loss of enjoyment of life, and other damages. Calculating these damages, especially future ones, can be complex and subjective, leading to significant discrepancies between what the plaintiff demands and what the defendant (or their insurance company) is willing to offer.

Insurance Company Tactics

Insurance companies are notorious for using tactics to minimize payouts. Some common bad-faith strategies include:

• Denying legitimate claims without proper investigation
• Delaying payment unnecessarily
• Offering unreasonably low settlements
• Misrepresenting policy terms to avoid liability

In such cases, plaintiffs may take the insurer to court to hold them accountable and secure rightful compensation.

Failure of Mediation or Arbitration

New Jersey courts often encourage alternative dispute resolution (ADR) methods like mediation or arbitration. Even with good-faith efforts, negotiations can sometimes break down. This can be due to various factors, including emotional reasons (e.g., anger, resentment), differing perceptions of the accident and its impact, or simply a lack of effective communication between the parties and their legal representatives.

Statute of Limitations

There are strict time limits for filing a personal injury lawsuit in New Jersey. Generally, you have two years from the accident date to file (N.J.S.A. 2A:14-2). This deadline is crucial. If negotiations are ongoing close to this deadline, a lawsuit might be filed simply to preserve the right to sue, even if both parties remain optimistic about reaching a settlement. Failing to file within the statute of limitations can forever bar your claim.

Bad Faith Negotiation

One party might be negotiating in bad faith, with no real intention of reaching a fair settlement. They might be stalling, making unreasonable demands, or engaging in other tactics to frustrate the process and force the other party to give up or accept an unfair deal.

Factors that Influence a Case to Go to Trial

Several factors can influence whether a personal injury case ultimately goes to trial:

• Strength of Evidence: Cases with compelling evidence supporting the plaintiff’s claims (e.g., eyewitness testimony, police reports, medical records, expert opinions) are more likely to result in favorable settlements. Conversely, cases with weak, conflicting, or insufficient evidence might proceed to trial, as the defendant might perceive a better chance of prevailing in court.
• Severity and Nature of Injuries: Cases involving severe, life-altering injuries, permanent disabilities, or substantial long-term medical needs often involve much larger sums of money and are more likely to go to trial due to the higher stakes. The more complex and long-lasting the injuries, the greater the potential for disagreement on the appropriate level of compensation.
• Complexity of the Case: Cases involving complex legal issues (e.g., multiple defendants, product liability, medical malpractice), intricate medical diagnoses, or disputed liability can be more challenging to settle and might require a trial to resolve.
• Emotional and Psychological Factors: Sometimes, emotional factors, such as a strong desire for justice, anger at the defendant’s conduct, or a refusal to be “bullied” by an insurance company, can prevent parties from reaching a settlement, even if it might be in their best financial interest.
• Attorney’s Advice: The guidance of an experienced personal injury attorney is invaluable in determining whether to settle or go to trial. A skilled attorney will thoroughly evaluate the strengths and weaknesses of the case, advise on the potential outcomes of a trial, and negotiate effectively on your behalf. They can also provide a realistic assessment of the risks and costs associated with litigation.
• Court Backlog and Scheduling: The availability of court dates and the general pace of the court system can also play a role. In some jurisdictions, significant court backlogs can delay trials for months or even years, which might influence a party’s decision to settle.

The Trial Process in New Jersey Personal Injury Cases

If your personal injury case proceeds to trial in New Jersey, here’s a general overview of the process:

1. Jury Selection (Voir Dire): A jury is selected from a pool of potential jurors. Both sides’ attorneys have the opportunity to question and potentially dismiss certain jurors based on potential biases.
   
2. Opening Statements: Each side’s attorney presents an opening statement to the judge and jury, outlining their case, the evidence they intend to present, and the legal arguments they will make. This is essentially a roadmap of what each side intends to prove.
   
3. Presentation of Evidence: The plaintiff presents their evidence first, including witness testimony (both lay witnesses and expert witnesses), medical records, accident reports, photographs, videos, and other relevant documents. The defendant then has the opportunity to cross-examine the plaintiff’s witnesses. After the plaintiff rests their case, the defendant presents their evidence, and the plaintiff can cross-examine the defendant’s witnesses. This back-and-forth process allows both sides to challenge the other’s evidence and present their own.
   
4. Motions: During the trial, either party may make various motions to the judge, such as motions to exclude certain evidence or motions for a directed verdict (arguing that the other side hasn’t presented enough evidence to win).
   
5. Closing Arguments: Each side’s attorney presents a closing argument to the jury, summarizing the evidence presented during the trial and arguing why their client should prevail. This is the attorney’s final opportunity to persuade the jury.
   
6. Jury Instructions: The judge instructs the jury on the applicable law and the specific questions they must answer to reach a verdict. These instructions are crucial as they guide the jury’s deliberations.
   
7. Jury Deliberation: The jury retires to deliberate in private, discussing the evidence and the judge’s instructions to reach a verdict.
   
8. Verdict: The jury announces its verdict. If the jury finds the defendant liable, they will also determine the damages the plaintiff is entitled to.
   
9. Judgment and Appeal: The judge enters a judgment based on the jury’s verdict. The losing party may appeal the judgment to a higher court, arguing that legal errors were made during the trial.

The Importance of Expert Witnesses

Expert witnesses often play a crucial role in personal injury trials, particularly those involving complex medical issues, accident reconstruction, or economic damages. These experts possess specialized knowledge and skills that can help the jury understand the evidence and reach a just verdict. Examples of expert witnesses in personal injury cases include:

• Medical Doctors: To testify about the nature and extent of the plaintiff’s injuries, the necessary medical treatment, and the long-term prognosis.
  
• Accident Reconstructionists: To analyze the accident scene, vehicle damage, and other evidence to determine how the accident occurred and who was at fault.
  
• Economists: To calculate the plaintiff’s lost wages (past and future), the cost of future medical care, and other economic damages.
  
• Engineers: To testify about product defects or safety standards in cases involving defective products.

The Role of a Trial Lawyer in Personal Injury Cases

Not all personal injury attorneys are trial lawyers. Many focus solely on settlements and may lack courtroom experience. Hiring a skilled trial attorney is crucial when a case goes to trial, as they handle:

• Investigating and gathering evidence
• Preparing witnesses and experts for testimony
• Drafting and filing necessary motions
• Delivering compelling opening and closing statements
• Cross-examining opposing witnesses
• Negotiating settlements even during trial

Rosengard Law Group specializes in representing personal injury victims in New Jersey courts. Our personal injury attorneys have extensive trial experience and are prepared to fight for maximum compensation.

See More: You can also hire a personal injury lawyer in Newark, for a personalized consultancy.

Contact us today for a free, no-obligation call. We’ll listen to your story and help you get the justice you deserve.