Do Personal Injury Lawyers Go to Court?
People who are looking to pursue a personal injury claim often want to know whether their lawyer will settle the claim or go to court in order to recover compensation from the at-fault party. The short answer is – it depends on the circumstances.
Data from the US Department of Justice shows that only around 3% of personal injury claims actually end up in court. A vast majority of the claims are settled through negotiation or mediation at some point during the pre-trial stage.
Why do most claims get settled before trial and only a few go to the trial stage?
Reasons Why Your New York Personal Injury Claim Might Be Settled Out of Court
- If your injuries are not serious and if the compensation you are asking for is low enough that the at-fault party’s insurance company will work to settle rather than taking the time and expense of going to court.
- If you have a strong case against the at-fault party and if the insurance company believes that if your case goes to trial, they might have to pay a lot more in compensatory damages – and in some cases, punitive damages as well.
- If you have an aggressive, and resourceful New York personal injury attorney on your side, with trial experience, and a formidable track record of verdicts and settlements, the defendants and their insurers will likely be much more willing to settle through negotiations rather than face your lawyer before a judge or jury.
- If the at-fault party happens to be a private company, they might be worried about the negative publicity that a long, drawn-out trial can bring to their brand.
- If the settlement offered by the insurance company is comparable to what you might recover at trial, your lawyer might recommend you settle the claim, rather than taking it to court.
Reasons Why a Few Personal Injury Claims Might Go to Trial
- If the at-fault party’s insurance company stubbornly refuses to make a reasonable settlement offer, your lawyer might recommend you take the case to trial in order to recover what you are rightfully owed.
- If your lawyer believes that you might be entitled to punitive damages in addition to compensatory damages because of strong evidence of recklessness and utter disregard for the lives of others against the at-fault party, they might advise you to take your case to court.
- If the conduct of the at-fault party is particularly egregious, and if you believe that they should be held publicly accountable for what they did, your lawyer might suggest that you take your case to trial.
Once your case goes to trial, you do not have any kind of control over its outcome. There is no telling how the judge or jury might rule and whether you might be able to recover more than what you might have gotten from the insurance company. It is why your New York personal injury lawyer will choose to take your case to trial only if:
- The defendant’s insurance company stubbornly refuses to make a reasonable settlement offer despite knowing that their client is at fault.
- Your lawyer has compelling evidence that can clearly establish the at-fault party’s liability and convince the judge or jury of the extent of suffering caused by your injuries.
Injured due to Someone’s Negligence? Legal Help is Here from Our Award-Winning Trial Attorneys
The personal injury attorneys at the Law Offices of Michael S. Lamonsoff have more than a century of combined experience in representing injury victims in New York. We have successfully handled a wide range of claims – from auto accidents to medical malpractice – over the years and have recovered over 500 million dollars in restitution for our clients.
Our legal team includes highly skilled negotiators as well as aggressive litigators and we are prepared to fight relentlessly to recover every single dollar you are owed. To discuss your case with a top-rated New York personal injury attorney, call us today at 212-962-1020 or use our online contact form and schedule your free consultation.