Personal Injury Litigation in NJ - What to Expect

When you file a personal injury lawsuit and enter the litigation process, you will become the plaintiff, and the person that injured you will become the defendant in the case. In the Newark personal injury litigation process each side will get a lawyer.

The lawyers will then begin the process called discovery. Discovery is gathering facts, interrogatories and depositions. Interrogatories are written questions, while depositions are oral questions that a person answers under oath. In personal injury law, after discovery, the lawyer for the defendant may offer the injured party a settlement.

In fact, many cases get settled before the trial begins. Only a small percentage of personal injury cases will be decided by jury tiral. Settling a Case Settling a case means that the plaintiff agrees to accept money in exchange for releasing all claims against the defendant. The plaintiff signs a release form, absolving the other party from any further liability. If you are the plaintiff, the decision to accept the settlement is yours and not the lawyer’s.

However, good personal injury litigators can realistically assess if the lawsuit based on your claim would be successful if it went to trial, and advise you accordingly. Personal Injury Trial If you decide not to accept the settlement, your case will go to trial. The judge or jury will consider your claim, and if you win they may award you money, otherwise known as damages.

The damages are compensation for your bodily injury, medical bills, lost wages, future wage losses, your physical pain and suffering, as well as any disability, impairment, loss of enjoyment of life and disfigurement resulting from the injuries.

A personal injury lawsuit has to be filed within a certain amount of time. This timeframe is called a statute of limitation. If you miss the statutory deadline to file the case, you forever lose your right to sue the at-fault party.

For complete information regarding personal injury law and litigation, call the Newark law firm of Kirsch, Gelband & Stone at (973) 623-0100 or use the email contact form.








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