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What Happens If My Personal Injury Claim Goes To Court?

Personal Injury Lawyers in New Jersey

Doctor prescribing treatment to young patient with broken hand, wrist, elbow or armWhen you’ve been injured in an accident, the last thing you want to deal with is a lengthy and complicated court case. But sometimes, going to court is the only way to get the compensation you deserve. If you’re wondering what happens if your personal injury claim goes to court, you’ll need an experienced personal injury attorney to fight for your rights. Our New Jersey personal injury lawyers at Gelman Gelman Wiskow & McCarthy LLC explain what happens when a personal injury claim goes to court.

Out of Court Settlement

Many personal injury cases are actually settled out of court. In fact, most personal injury cases are resolved through negotiation and settlement between the two parties involved. This is often the quickest and most efficient way to resolve a personal injury case. However, there are times when an out of court settlement is not possible. If the insurance company refuses to offer a fair settlement, or if the other party denies responsibility for the accident, you may have no choice but to take your case to court.

 Filing a Lawsuit

If you’ve decided to file a personal injury lawsuit, your personal injury attorney in New Jersey will begin by filing a complaint with the court. This document will state the facts of your case and what damages you are seeking. The complaint will also name the defendants in your case. Once the complaint is filed, the court will issue a summons to the defendants, which will notify them that they are being sued and that they have a certain amount of time to respond.

Personal Injury Trial

If your case goes to trial, both sides will present their evidence to a judge or jury. You and your attorney will have the opportunity to call witnesses and present other evidence that supports your claim. The other side will also have the chance to do the same. Once both sides have presented their evidence, the judge or jury will render a verdict.

Trial Tips

If you’re preparing for a personal injury trial, there are a few things you can do to improve your chances of success. First, make sure you have all the evidence you need to support your claim. This may include medical records, police reports, eyewitness testimony, and more. Second, be prepared to answer tough questions from the other side. Third, stay calm and collected during the trial. You want to come across as credible and trustworthy to the judge or jury.

Contact Our Personal Injury Lawyers in New Jersey Today

If you’ve been injured in an accident, don’t wait to get legal help. The sooner you contact our New Jersey personal injury lawyers at the law firm of Gelman Gelman Wiskow & McCarthy LLC, the sooner we can begin working on your case. We will investigate the accident, gather evidence, and negotiate with the insurance company on your behalf. If necessary, we will take your case to court to get you the compensation you deserve. To schedule a consultation, call us today or contact us online.

$800,000.00 settlement in less than nine (9) months!
In September of 2025, Phil Wiskow settled a legal malpractice case, resulting from a botched personal injury case, for $800,000.00. Most significantly, Mr. Wiskow settled the case less than nine (9) months after the client hired him. Since the client settled his botched case for over $200,000.00, the full amount of the client's recovery exceeded one million dollars.
Settled his 60 year old client’s motorcycle accident case for $1,700,000.00
In the Spring of 2017, Phil Wiskow settled his 60 year old client’s motorcycle accident case for $1,700,000.00. Frankly, the case would have settled for more money but the most culpable party only had a $300,000.00 liability insurance policy. The firm’s client, who was already disabled and receiving social security benefits at the time of his accident, sustained multiple lower leg fractures–which ultimately resulted in numerous surgeries and an above the knee amputation–when a delivery van blindly backed out of a loading dock and pinned his leg against his bike. The majority of the client’s settlement money was paid by the owner of a tractor-trailer and the lessee of the loading dock whose dangerous loading and unloading procedures blocked the van driver’s view of the motorcycle and the firm’s client’s view of the van.
VERDICTS & SETTLEMENTS
  • In the Spring of 2020, Phil Wiskow settled a motor vehicle/motorcycle accident case for the Defendant’s 1.3M policy limit. The terms of the settlement are confidential.
Our Offices
  • East Orange Office
    60 Evergreen Place
    Suite 502
    East Orange, New Jersey 07018
    Phone: 973 676-1555
    Fax: 973-675-5674
  • Elmwood Park Office
    One Broadway
    Suite 102
    Elmwood Park, New Jersey 07407
    Phone: 973 676-1555
    Fax: 973-675-5674
  • Pompton Plains
    142 Route 23 North
    Pompton Plain, New Jersey 07444
    Phone: 973 676-1555
    Fax: 973-675-5674
  • Avon by the Sea
    416 Garfield Avenue
    Avon by the Sea, New Jersey 07717
    Phone: 973-713-4667
    Fax: 973-713-1565