Determining the Estimated Time of Trial
A common question that many personal injury attorneys here from their clients is when their case will go to trial. This is a difficult question to answer because there are numerous factors that may affect when a case is set for trial and when the trial actually begins.
5 Important Factors Affecting Setting A Trial Date
While your personal injury attorney may be able to estimate when a trial date will be set in your case, he may first need to evaluate certain factors affecting your case. Below is a brief overview of five important factors that may effect when a trial date will be set in a personal injury claim:
- The specific facts. The specific facts of your case may either push trial forward or delay your case from going to trial.
- The extent of your injuries.Generally speaking, personal injury claims will not go to trial until the parties have completed medical treatment of their injuries.
- Court calendar. The first thing the court clerk does when setting a case for trial is to check the court calendar to make sure there are no conflicts of schedule.
- The lawyers’ availability. Setting trial date may also depend upon the schedule of both the plaintiff’s attorney and the defendant’s attorney.
- Availability of witnesses. If a witness is a key part of either party’s case, the court may take the witness’s availability to testify in court into consideration when scheduling a trial date.
In short, there are many factors that may affect setting a trial date in a personal injury claim. While your attorney may do his best in approximating a date, you need to be aware that it may take months for your case to actually be litigated. The best advice is to be patient and follow any guidance your attorney gives you in order not to further delay the start of your trial.
Contact Us For More Information
If you need a New Jersey PI attorney, please call Dan T. Matrafajlo at 908-248-4404 for a free consultation. We have offices in Elizabeth, North Brunswick and Newark, New Jersey to serve you.
Dan T. Matrafajlo, Esq. is the Managing Member and Lead Partner at Beninato & Matrafajlo, Attorneys at Law, LLC, a New Jersey-based personal injury law firm with offices in Elizabeth and East Brunswick. With over two decades of experience representing clients in complex matters—including motor vehicle accidents, workers’ compensation, and wrongful death cases—he has recovered over $100 million on behalf of his clients and is known for securing significant results. He has also helped shape New Jersey personal injury law through notable Appellate Division decisions such as Hardison v. King and Frenklakh v. Lojek, with his litigation work featured in the New Jersey Law Journal, underscoring his authority in the field.
Mr. Matrafajlo was recognized as a Super Lawyers® Rising Stars honoree from 2012 to 2017 and is a member of the Million Dollar Advocates Forum—an honor reserved for attorneys who have achieved multi-million-dollar verdicts and settlements. Combining deep legal expertise with a client-focused approach, he provides strategic, results-driven representation while guiding clients through every stage of the legal process. He earned his Juris Doctor from the University of Miami School of Law and is admitted to practice in both New Jersey and New York.
