The short hand answer is, the better the case, the less likely it is you’ll go to court. Where a case is clear in terms of who’s at fault, where the injuries are serious, where the injuries are clearly documented, chances are you will not have to go to court. Chances are that case will settle before it even gets there. When a case becomes problematic is when there’s an issue as to whose fault the accident was, how much comparative fault is blamed on you for the accident, whether the injuries have been documented properly, and whether the evidence has been accumulated properly. When those things are problematic, then there is a chance that the case will go to court.
Most cases still settle. That is the fortunate thing. Most cases will settle and people don’t have to go to court for every case, but there is that one case that will have to go to court and they’re certain that no matter what they’ll go to court. I can’t give you an answer as to whether every particular case will go to court, but every case has to be analyzed on its merits. The way to get yourself the best opportunity not to go to court is to find an attorney who’s experienced and has dealt with motor vehicle accidents and who has gone to court so he knows what he has to put together. Your attorney will know what they have to accumulate in terms of evidence so that the best case can be put forward before you ever have to step foot in the courtroom.
The law firm of Mattleman, Weinroth & Miller, P.C., is composed of experienced personal injury attorneys throughout the state of New Jersey. Please contact the office for a free initial consultation and get any questions answered regarding your specific case.