The Fate of a Personal Injury Claim After Trial
Once your personal injury claim proceeds to litigation, the fate of your case ultimately lies in the hands of the jury. In other words, at the conclusion of your trial, the jury will either come back with a verdict in your favor or a verdict for the defense. Regardless of which party the verdict favors, the losing party may have an opportunity to file an appeal.
Verdict for Plaintiff
If the jury returns a verdict in your favor based on the case presented, your personal injury attorney will assist you in finalizing the details of your case. Before you can take your share, your attorney will need to pay any medical liens placed on your file. Your attorney will also take his share. It may take several weeks before your case is closed and you receive your check.
In the event that the defense files an appeal, you may need to continue retaining your attorney to help protect your legal rights and fight the appeal.
Verdict for the Defense
If the jury returns a verdict for the other party, also known as the defendant, you may want to consider the possibility of filing an appeal. Before you decide to appeal the verdict, you should discuss the advantages and disadvantages with your personal injury attorney.
One of the major disadvantages that you may need to consider when filing an appeal is the cost. If your attorney does not believe that you have a strong case on appeal or a significant chance in getting a favorable verdict, he may advise you not to file an appeal.
Settlement After an Unfavorable Jury Verdict
If the jury returns with a defense verdict, it may still be possible to negotiate with the insurance company. In rare cases, the threat of an appeal may persuade the insurance company to offer a nominal settlement.
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.