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After an Accident, is it Better to Settle out of Court or Go to Trial?

March 31, 2021
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If you have been injured in an accident that was caused by someone else’s negligence, it’s only natural to wonder about whether you are better off settling out of court or proceeding to trial. The fact is, however, that there is not a simple answer to this question. Your personal injury claim will when you make a claim, opening the door for negotiations with the insurance company. While the vast majority of these claims are satisfactorily settled outside of court, there are instances when it is decidedly in your best interest to proceed to court, and an experienced Brooklyn accident lawyer can help you make this distinction and move forward with the confidence that comes from knowing you have professional legal guidance on your side.

Your Damages

Ultimately, you need compensation that covers your full range of damages. Without this, it will be exceptionally difficult for you to regain your health and well-being and reach your most-complete recovery. Such damages tend to fall into the following categories:

  • Medical costs
  • Lost earnings
  • Pain and suffering

If the insurance company refuses to fairly negotiate compensation that addresses your damages in their entirety, going to court may be your best option, but you won’t begin from this stance, and you won’t be alone. Your experienced Brooklyn accident lawyer will bring the full force of his or her legal insight and skill to the negotiation process – in zealous defense of your rights and in determined pursuit of your rightful compensation.

The Insurance Company

The insurance company involved in your claim is motivated to increase its profits, which means it might be willing to engage in some less-than-forthright practices to make this happen. Ultimately, the insurance company would like to wear you down and push you toward settling for less, but it is unlikely to want to take on the expense and inconvenience of a court case – unless it is attempting to make an example of your claim in an effort to dissuade others from bringing similar claims (if it thinks it has a fighting chance of doing so). Insurance companies have vast resources for such antics available to them, and they are sometimes not above legal posturing. In the end, your dedicated accident lawyer will help you make the decisions that serve your best interests – and that you are most comfortable with – whether that means settling or going to trial.

Discuss Your Concerns with an Experienced Brooklyn Accident Lawyer Today

If you’ve been injured as a result of someone else’s negligence and are concerned about how best to proceed, the diligent accident attorneys at Lipsig, Shapey, Manus & Moverman in Brooklyn are standing by to help. We have a long and impressive history of successfully helping clients like you prevail – whether via settlement or trial (depending upon the circumstances) – and we’re on your side. To learn more about how we can help you, please don’t hesitate to contact or call us at 917-268-2985 today.


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