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How Often Do Accident Cases Go to Trial in NY?

April 28, 2021
ny court house

If you’ve been injured by someone else’s negligence, you may dread the thought of going to trial to obtain the compensation you need. In fact, many people are dissuaded from seeking just compensation for this very reason. The truth of the matter is, however, that the vast majority of personal injury cases are settled outside of court. The most important point to remember is that the best way to help ensure that your personal injury claim is resolved justly is by working closely with a dedicated NYC personal injury attorney throughout the legal process.

Your Accident Claim

Every accident claim is utterly unique to the people and circumstances involved, but the basic elements of every case include:

  • You were injured in an accident that was caused by someone else’s negligence.
  • Your injuries are the direct result of the at-fault party’s negligence.
  • You suffered actual damages, such as property loss (in a car accident), medical costs, lost wages, and/or pain and suffering.

If all of these are true, you may have a solid personal injury claim, which you will file with the at-fault party’s insurance company.

Negotiating Your Personal Injury Claim

Your accident claim will remain a claim – to be settled with the insurance company – unless you and your resourceful personal injury attorney determine that the negotiation process is not going to produce satisfactory results (often because the insurance company is not willing to participate in good-faith negotiations). At this point, filing a lawsuit may be the best option, but an effective personal injury lawyer can be highly effective at negotiating solid terms with even the cagiest insurance companies, which means it is unlikely that your case will ever go to trial.

This does not, however, mean that you should refuse to go to trial at all costs. Accepting less than the amount to which you are entitled is not going to do you or your health any favors. Ultimately, only you and your personal injury attorney can determine what the best path forward is in your unique situation. Sometimes, going to trial is preferable to accepting a less-than-fair settlement, and going to trial is not something you should reject out of hand if you have a trusted personal injury attorney in your corner.

The Path toward Recovery

You’ve been injured by someone else’s negligence, and reaching your fullest recovery is obviously paramount. If the insurance company involved refuses to fairly address the damages you’ve suffered in their entirety, filing a personal injury lawsuit could be your best option.

Discuss Your Claim with an Experienced NYC Personal Injury Attorney Today

If someone else’s negligence causes you or someone you love to be injured in an accident, the dedicated NYC personal injury attorneys at Lipsig, Shapey, Manus & Moverman have decades of experience successfully negotiating favorable case resolutions – and successfully taking cases to trial when the need arises. To learn more about how we can help you, please don’t wait to contact or call us at 212-285-3300 today.


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