Navigating Settlement Conferences After a Personal Injury in New Jersey

Experiencing a car accident or another type of accident resulting in injuries can throw your world upside down, dealing with doctors, insurance, and pain, all while having to piece your life together financially, too. A personal injury claim can help you recoup your losses and help you heal, but you may be unsure of what to expect from the legal system. You may think you are in for a long, agonizing road to compensation, but you may not know that litigation does not have to mean an endless march to a trial. Settlement conferences in civil cases in New Jersey are part of the legal process designed to help parties resolve their differences.

Understanding Personal Injury Settlement Conferences

Fortunately, most personal injury cases resolve before trial. Civil courts schedule settlement conferences to bring parties and their lawyers together to negotiate a possible settlement before trial. Plaintiffs (injured parties) and defendants (alleged liable parties), with their attorneys armed with evidence and case theories, formally meet to discuss and defend their positions to a neutral third party (judge or mediator).

According to New Jersey Court Rule 4:5B-1, the judge assigned to a case when the personal injury case is filed presides over the settlement conference. Rule 4:5B-3 allows for one settlement conference before the trial and possibly another on the day of trial at the request of either party or the judge.

The Aim of Settlement Conferences in Civil Disputes

The aim of a settlement conference is to reach an agreement that binds all parties to the settlement terms and to avoid a trial. More specifically, the settlement conference allows each party to communicate their position, present supporting evidence, and negotiate a potential settlement. The structured process of each party communicating their positions allows the parties to size up each other’s position by getting to the heart of each party’s argument.

Hopefully, such discussions help the parties understand each other’s positions, the strengths and weaknesses of their cases, and the reality of what they may or may not be able to prove. In other words, the parties may realize a truer picture of the case, including the challenges and likelihood of successful outcomes. This is particularly valuable as it relates to each party’s evidence, such as medical records and financial records, expert opinions, police reports, and damage assessments.

When the participants come to a settlement conference ready and willing to assess their chances realistically, a resolution is more likely, relieving the parties and the court of a burdensome trial. At the very least, the parties can pare down the case to the issues they cannot agree on, saving all involved time and money, as civil trials cost both.

Overview of Settlement Conference Procedures in New Jersey

While some settlement conferences are part of the legal process, the court typically does not require them to occur in the courtroom under formal procedural rules. They can occur in a courthouse meeting room, an office, or the courtroom. Though the conference is not a trial governed by the rules of evidence and courtroom procedures, the parties and their attorneys come prepared to argue their positions with evidence. Before the conference, the parties (through their attorneys) inform the court of the facts and evidence, so the judge is up to speed on the case.

At the conference, the judge hears one party’s argument of the case in private and then goes to the other party to hear their side of the case. The judge may go back and forth between the parties until it is clear the parties can or cannot reach a settlement.  The participants may agree at some point during this process, narrowing down where the parties differ and how close or far apart they are in reaching an agreement as to each case issue.

Should the parties agree to a settlement, the attorneys draft a memorandum of their agreement, which will later be in writing for all parties and their attorneys to sign and file with the court. After, the judge dismisses the case.

Unique Advantages of Settlement Conferences in Resolving Personal Injury Cases

Some advantages of a settlement conference are its informal setting, third-party insight, and security. Judge-led conferences have the advantage of a neutral party weighing in. The judge hears each side, lays down the ground rules for conducting the conference, and communicates each side’s argument to the other. Since the judge takes each party aside in private, the parties can rely on the confidentiality of their discussions, so they can speak freely about the case weaknesses and the likelihood of prevailing on the facts, evidence and arguments.

Range of Settlement Conference Outcomes and Their Impact on Injury Claims

A successful settlement conference outcome is an agreement. In a personal injury case, that means establishing liability or fault, a compensatory award for the plaintiff’s damages (or minimal to nothing for a defense win), a liability release, and other terms that the parties agree to on procedural or other matters. Once the parties and their attorneys write and sign the complete agreement, it is legally enforceable. 

Insider's Look at NJ Personal Injury Settlement Conferences

However, an unsuccessful outcome means the parties cannot agree, so the case may go to a jury trial to resolve the plaintiff’s claim. The parties often cannot agree on one or two case elements.

When the parties agree to some issues but not all, they may reach a partial settlement, limiting a trial to the remaining unresolved issues. So, a trial may focus only on the reasonableness of the plaintiff’s treatment and costs if that is the sticking point the parties cannot overcome in the settlement conference.

Rely on Our Experienced New Jersey Firm for Skilled Advocacy in Your Personal Injury Settlement Conference

A successful settlement conference depends on the parties’ willingness and reasonableness to negotiate in good faith. At Cohen & Riechelson, our experienced New Jersey personal injury lawyers can help prepare for the conference by explaining the goals and possible outcomes. We can also educate you about the strengths and weaknesses of your case and the opposition’s, noting possible trouble areas and strategies to handle them successfully. Our diligent lawyers will thoroughly describe the conference process to ensure you feel less intimidated about it. This way, you know what to expect and feel more comfortable with the proceeding. The most valuable skills our attorneys bring to the conference table are our clear and compelling presentation of the case, our presentation of convincing evidence to bolster your claim ,and our extensive negotiation experience.

With extensive practice over the last 50 years, our personal injury lawyers at Cohen & Riechelson know how to fulfill the triple role of advocacy, communication, and counsel. In effectively presenting your case, we can argue the strengths and downplay the weaknesses of your claim. However, we also communicate and evaluate your opponent’s position, counseling you on whether to accept an offer, counteroffer or settle. Having a personal injury attorney on our team at your side in a settlement conference inspires confidence and strength, knowing you have competent representation, a powerful voice to protect your rights, and options to resolve your case.

Our attorneys have successfully represented clients at settlement conferences throughout Robbinsville, Hamilton, Trenton, Ewing, West Windsor, East Windsor, Hopewell, Pennington, Florence, Bordentown, Mount Holly, Willingboro, Plainsboro, South Brunswick, New Brunswick, and other New Jersey communities. We’re ready to represent you at your personal injury settlement conference. Contact us at (609) 528-2596  and begin today with a free consultation.