Whether a case goes to trial or settles out of court depends on the details of that particular case. Generally speaking, up to 95% of cases are settled before court proceedings begin; in other words, they don’t go to trial. Most personal injury cases in New York are settled during one of the pre-trial stages, where all involved parties meet before a judicial officer, or a trial judge, or a magistrate.
Whether you make a personal injury settlement or go to trial, you must consider the associated pros and cons. If you have been injured due to someone else’s negligence, it is possible that you will get more compensation by going to a trial than simply accepting what’s offered during a pre-trial settlement. But there is also a possibility that you could lose at trial and receive a verdict for less than the settlement offer you got from the defendant or get absolutely nothing at all.
Why Your Personal Injury Claim in NYC May Settle Before Trial
Here are some reasons why your New York personal injury claim may settle before your case goes to trial:
Why Your Personal Injury Claim May Go To Trial
Here is why your case may go to trial:
Is Your Personal Injury Attorney Willing To Fight For Your Rights?
Just because every lawyer is qualified to go to trial doesn’t mean they have the skills or experience to do so. This is why some personal injury attorneys or car accident attorneys only take cases if they are 100% certain they can settle without going to trial.
This can put their clients at a disadvantage as the insurance company could be aware of your attorney’s reputation for avoiding trials. In this case, the insurer will try – and most likely succeed – in negotiating your attorney down further than they would usually be able to when the option of going to trial is on the table.
Why Avoiding A Trial Might Be Better Than Getting A Judge or A Jury Verdict
There are several reasons why both parties might find it preferable to settle the claim before going to trial. For starters, both defendant and plaintiff can reduce their court costs and legal fees while their attorneys can close out the case faster.
The very nature of trials is uncertain; no one can predict which party will win. Thus, involved parties may accept a certain settlement offer, even if it is less than what they were expecting for their injuries and losses. Keep in mind that a settlement offer is typically worth more due to the costs, time, and unpredictability associated with a court trial.
For example, your personal injury claim may end up winning $500,000 at trial. However, your attorneys will need to spend about $100,000 to engage the services of crash reconstruction specialists and expert witnesses to testify at trial on your behalf. Your lawyers may also need to spend hundreds of hours on your case proceedings to prepare for the trial. So, if the at-fault party offers you $400,000 during negotiations, it might be best to take that pre-trial offer.
Factors That Influence A Settlement Offer in New York City
There are a few things that affect an NYC personal injury settlement offer, or the decision to reject the settlement and go to trial:
A personal injury lawyer who has trial experience in New York and has negotiated countless settlements will be able to determine the total extent of damages and losses. They will also be able to evaluate your case details to give you an estimation of how much compensation you can expect.
Please note that if a lawyer believes that their client might end up alienating the jurors or the judge, they may settle below what they normally would avoid possibly losing at trial. Also, if an attorney is working on a drunk driving injury case in a jurisdiction where DUI is taken extremely seriously, and there is considerable community indignation, they may be able to receive a larger settlement than they normally would.
Of course, every case is unique. A personal injury lawyer needs to know the exact details of your case to offer you a reasonably accurate amount of what your claim is worth.
Plaintiffs With Expert Legal Representation Tend To Receive Bigger Settlements
According to the Insurance Research Council, the average individual receives a settlement 3.5 times bigger with legal assistance than without it. This can obviously make a huge difference in a personal injury case in New York. But depending on your situation, the particulars of the law can become somewhat complicated:
These are just a few quick examples where the claim can easily become more complex. Any time you are injured and have to get involved with another party or an insurance company for your claim in NYC, you have the right to consult a lawyer and have them represent you.
A Personal Injury Attorney Can Negotiate With Insurance Company For You
It is a well-known fact that insurance companies try to intimidate injury victims and get out of paying a fair settlement. They will tell you things like:
In addition, they will use every tactic and resource at their disposal to tie up your personal injury claim settlement, while you are forced to bear the mounting medical and other expenses. Their goal is to make you so desperate for money that you’ll be willing to settle for an amount less than what you deserve.
The attorney’s reputation is everything when dealing with insurers and their claims adjusters. If you have a successful and well-known legal firm on your side, you have a much higher chance of receiving the money you deserve, partly because the insurance company will know that picking a fight with a skilled lawyer with a proven track record and it will cost them far more if you go to trial.
Your attorney will work with your medical team to evaluate the future impact of your injuries and recovery. A good accident law firm in NYC will have represented countless injury cases and will have extensive experience accurately calculating lost income potential and future medical costs.
Contact the Leading Trial Attorneys For Your Personal Injury Case in New York
New York has some of the most complicated sets of laws when it comes to personal injury cases. As some do, you can handle your legal situation on your own and try to represent yourself, but that is a time-consuming process and there is no guarantee you will be able to win.
At Rosenberg, Minc, Falkoff & Wolff, LLP, our experienced personal trial attorneys are well-versed in:
We offer a free legal consultation to discuss your case and answer any questions and concerns you might have. Our attorneys will explore the different strategies with you and go over the best approach to get the maximum possible compensation. Our most important goal is to help you recover damages for your troubles and get your life back on track as soon as possible. To know more about how we can help you, call Rosenberg, Minc, Falkoff & Wolff, LLP today at 1-800-660-2264 or contact us online for a free and confidential consultation.
|$15 Million - Jury Award Against Hospital|
|$10.5 Million - Malpractice Infant Brain Damage|
|$9 Million - Brain Injured Baby Settlement|
|$7.75 Million - Pediatric Intensive Care Unit|
|$7.5 Million - Injured Construction Worker Settlement|
|$7.25 Million - Intersection Accident Settlement NYC|
|$5.5 Million - Bus Accident Award|
|$5.5 Million - Injured Child|
|$5.5 Million - Blinded Woman|
|$5.45 Million - Injured Child|
|$5.4 Million - Construction Burn Victim|
|$5.1 Million - Motorcycle Victim|
|$5 Million - Eye Surgery|
|$4.5 Million - Failure to Perform C-Section|
|$4.5 Million - Personal Injury Settlement|
|$4.4 Million - Failure to Diagnose Infection|
|$4.125 Million - Failure to Diagnose Quadriplegia|
|$4.0 Million - NYC Hospital Negligence Birth Injury|
|$3.8 Million - Electrician|
|$3.75 Million - Hospital Negligence Sepsis|
|$3.7 Million - Birth Injury Infant Stroke|
|$3.5 Million - Faulty Freight Elevator Fall|
|$3.4 Million - Surgical Error Bronxville Hospital|
|$3.28 Million - Eye Surgery Case|
|$3.15 Million - Settlement for a Brooklyn Laborer|
|$3.1 Million - Verdict Returned by NY Jury|
|$3.1 Million - Awarded by Brooklyn Jurors|
|$3 Million - Birth Injury Development Delays|
|$3 Million - Settlement Scaffold Injury Hudson Yard|
|$3 Million - Hot Water Burn Death|
|$2.6 Million - Surgical Error Premature Death|
|$2.5 Million - Hospital Malpractice Toddler Hemiplegia|
|$2.4 Million - Failure to Diagnose Lead to Paralysis|
|$2.3 Million - Birth Injury Brain Damage|
|$2.1 Million - Hospital Negligence Birth Injury|
|$2.1 Million - Failure to Diagnose Stroke|
|$2.1 Million - Surgical Error Paraplegic|
|$2.1 Million - Injured Worker|
|$2 Million - Hospital Negligence Permanent Injury|
|$2 Million - Malpractice Settlement Delay in Delivery|
|$2 Million - Verdict against Hospital|
|$1.8 Million - Failure to Diagnose Tumor|
|$1.75 Million - Diagnosing Prostate Cancer|
|$1.5 Million - Prostate Procedure Malpractice|
|$1.5 Million - Delay in Treatment - Nerve Damage|
|$1.4 Million dollar settlement in Action Over Explosion|
|$1.26 Million - Disabled Vehicle's Driver Hit|
|$1.15 Million To Slip-and-Fall Victim awarded by Jury|