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Potential Outcomes of a Personal Injury Claim

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Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C.

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Written/Reviewed By:

Barry S. Kantrowitz, Esq.

Last Updated: Apr 3, 2026

Read Time: 4 mins

After suffering a serious injury caused by another party’s negligence or wrongdoing, the law affords remedies for seeking compensation. When you are filing a personal injury claim in New York or New Jersey, it’s important to have a basic understanding of possible outcomes. While your personal injury lawyer can provide a rough estimate regarding the value of your case, there is no sure-fire guarantee that plaintiffs will prevail in the court or reach a settlement negotiation with the defendant.

If you’ve filed a civil action, or are considering suing after a car accident, workplace injury or because of a defective product, read on to learn about the possible outcomes of a personal injury lawsuit.

Your case is settled out of court

Less than 5 percent of personal injury claims reach trial in the United States. While your attorney will approach and prepare your case for the possibility of a jury trial, it is far more likely that a settlement will be reached beforehand.

A personal injury settlement is a binding legal agreement between the plaintiff and the defendant (or the defendant’s insurance company). By agreeing to the terms of the settlement, the plaintiff will not pursue further litigation and the lawsuit is dropped. Because settlement agreements can vary tremendously from case to case, they can include monetary compensation for different losses, including:

Past, present and future medical bills and treatments
Lost income if the plaintiff could not work because of the injury
Diminished capacity to earn if the recovery process affects employment
Pain and suffering (including emotional distress)
Costs to repair damaged property, such as a crashed vehicle or motorcycle

Keep in mind that even the strongest of personal cases may end with an out-of-court settlement, which is generally less time-intensive and costly for both the plaintiff and defendant.

Case goes to trial

Insurance companies may offer a low-ball settlement or simply refuse to pay fair and proper reparations for the injury and financial losses sustained. In this scenario, your attorney will be prepared to argue your case at trial before a judge and jury. Even with a skilled attorney representing you, it may take many months before a trial date is set. A settlement can be reached at any point in the litigation process, even after trial starts.

Jurors render their verdict

The jurors will hand down their verdict at the conclusion of the trial, in favor of the plaintiff or the defendant. If the injured party (plaintiff) is successful and wins the case, a damage award will be rendered that compensates for hospital bills, lost wages, pain and suffering and other losses. The amount of legal recovery will depend largely on the extent and type of injuries suffered.

However, if the defendant prevails at trial, the plaintiff will not receive a court award, and may be ordered to reimburse the defendant for legal fees, court filing costs, attorney fees and other taxable costs paid by the defendant.

Verdict is appealed

Both parties have the right to appeal a verdict in civil cases where evidence suggests that procedural errors were committed during the trial that unfairly biased the outcome. Most states impose strict deadlines for filing an appeal — usually 30 days after the verdict is entered. An appellate court has the right to remand the case or overturn the judgement if they determine that the law was misapplied by the trial judge or jurors.

Legal Advocacy in New York and New Jersey

Having a knowledgeable personal injury attorney representing you throughout the legal process can significantly increase your chances of getting fair compensation. Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. represent accident victims throughout Rockland County, NY and Bergen County, New Jersey, leveraging more than 50 years of hard-won litigation experience. While there is no crystal ball to predict the outcome of your claim, a talented personal injury lawyer can ensure your rights are protected every step of the way.

To arrange a no-cost consultation with our personal injury attorneys in New Jersey or New York, call us toll-free at (888) 752-5018.

Additional Personal Injury Claim Resources:

American Bar Association, Personal Injury Claims http://www.americanbar.org/groups/public_education/resources/law_issues_for_consumers/injury_settle.html
American Bar Association – Winning the Settlement, http://apps.americanbar.org/litigation/committees/corporate/docs/2010-cle-materials/03-winning-negotiaion/03a-winning-wettlement.pdf

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   LWelsh 
 22 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Clever and efficient.
  
 
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   Kenny Perlow 
 43 days ago
 
 
 Trustindex verifies that the original source of the review is Google. KGG Law, and Barry Kantrowitz in particular, set the bar high for what a thorough, practical, strategic, compassionate and smart lawyer can be. Everything about Barry's advice and representation was exemplary and the stress mitigation that resulted was invaluable. On top of that, the ultimate result Barry achieved was beyond what was reasonable to expect and we are forever grateful. Often, people say that you hire a lawyer to prevent a problem. Sometimes, unfortunately, you need an attorney to solve a problem and I could not recommend Barry and his firm any more highly in that regard.
  
 
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   Aliza Ali 
 107 days ago
 
 
 Trustindex verifies that the original source of the review is Google. My dad had a great experience with this law firm. From the very beginning, the team was professional, knowledgeable, and always willing to answer our questions. They kept us informed throughout the entire process and made what could have been a very stressful situation much easier to handle. We truly appreciated their dedication, honesty, and hard work. Thanks to their support, my dad felt confident every step of the way. We are very grateful for everything they did and would highly recommend this firm to anyone looking for reliable legal representation.
  
 
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   Jana Montero 
 110 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I had a wonderful experience working with Sam Smith. He was very responsive, thorough, and easy to work with from start to finish. He walked me through everything clearly and made what started as a very stressful situation for me into something completely manageable. I would not hesitate to recommend him and the firm!
  
 
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   Mike Sakmann 
 116 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I sought legal advice regarding an employment matter and had an excellent experience working with Sam Smith, Esq. at KGG Law. Sam was thorough, attentive, and took the time to listen carefully to my concerns before providing clear, thoughtful guidance. I appreciated the professionalism and care shown throughout the process, and I would confidently recommend KGG Law to anyone in need of legal assistance.
  
 
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   Liz Hecker 
 122 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I can't say enough about this firm. They manage to comfort you during the whole legal process while staying professional and doing what is right. I would recommend them to anyone and also hire them again if I need legal help.
  
 
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   Brandy Miller 
 145 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate is the best. She helped me very quickly, and was very attentive with all of my needs. So thankful for her
  
 
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   Mike Greenspan 
 158 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate Carballo is a dedicated, passionate, and creative attorney whom I had the pleasure to lecture with at a state trial lawyer's conference. Kate's lecture demonstrated how she uses her innovative and "out-of-the-box thinking" to achieve outstanding results for her injured clients. That Kate is certified by the Supreme Court of New Jersey as a civil trial attorney is a testament to her skills, experience and commitment to excellence.
  
 
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   Jonathan Sampson 
 165 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Was referred to KGG law by a friend and could not have asked for better legal representation. They walked me through every step of the process after my accident and began every call with “ how are you feeling” which was just one example of how much they care about their clients. They handled my case very efficiently, professionally and courteously. My attorney Kate Carballo was a rock star! So clearly experienced, she consistently made me feel at ease with the process. Highly recommend
  
 
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   Vinnie Kung 
 168 days ago
 
 
 Trustindex verifies that the original source of the review is Google. We had a great experience with the team at KGG Law. While it was a traumatic time for our family, they made it very easy for us and explained all of our options. They even performed due diligence to make sure that after our settlement, there would be no further issues which I think is even more important than the settlement itself. Thank you!

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