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Will My Personal Injury Case Settle or Go to Trial?

Will my case go to trial? That’s a common question that accident injury victims frequently ask. The answer is most personal injury cases settle before trial. Generally speaking, over 95% of cases settle without the need for trial. Some cases settle before a lawsuit is filed, while others may settle shortly after a lawsuit is filed.

A settlement of a personal injury accident case can happen at any time throughout the legal process. When a personal injury accident case settles depends on many factors.

Factors That Affect a Personal Injury Case Settlement

Keep in mind these variables that may impact your choice to go to court for your injury claim or settle instead:

  • Extent and severity of injuries
  • Need and cost of future treatment
  • Lost wages and future lost wages
  • How the accident happened
  • Where the case is pending
  • The insurance companies involved

Benefits of Settling a Personal Injury Accident Case Before Trial

There are several benefits to settling rather than choosing to appear in court:

  • The parties to the litigation can reduce their costs.
  • The insurance company for the defendants can reduce their legal fees.
  • Settlements bring certainty. The outcome of a trial is always uncertain.
  • Settlements are faster than going to trial.
  • The client remains in control. The client can decide to accept or reject a settlement offer.

When a Personal Injury Accident Case Goes to Trial

Here are some reasons why you may choose to take your claim to court:

  • Liability is contested (i.e., the parties disagree about how an accident occurred or who was at fault).
  • There is disagreement about the extent and severity of the injuries being alleged.
  • The settlement offer is too low.
  • You can gain a sense of justice. A trial can bring a sense of closure and justice.

Find Out More from an Injury Attorney

At Greenstein & Milbauer, LLP, our New York personal injury attorneys always act in the best interests of our clients. The vast majority of our cases are settled before trial, but we prepare every case for trial. That’s how we maximize the recovery for our clients while processing their cases as quickly as possible.

The motto of the New York accident lawyers at Greenstein & Milbauer, LLP is “Don’t Be A Victim Twice.” If you are a victim of an accident in New York, call 1-800-VICTIM2 (842-8462) to schedule a free, confidential consultation. Our fee guarantee is that you don’t pay us unless we are successful.

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