Do Personal Injury Lawyers go to Court?

Do Personal Injury Lawyers go to Court?

Individuals seeking to pursue a personal injury claim frequently inquire about whether their attorney will opt for a settlement or opt for a court trial to secure compensation from the responsible party.

In brief, the course of action chosen hinges on the specific circumstances.

According to data provided by the US Department of Justice, roughly 3% of personal injury claims ultimately proceed to court.

An image illustration of Do Personal Injury Lawyers have to go Court
Do Personal Injury Lawyers have to go Court
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Why Your New York Personal Injury Case Could Be Resolved Outside of Court

  1. Lesser Severity and Lower Compensation: If your injuries are minor and the compensation you seek is relatively low, the responsible party’s insurance company may prefer settling rather than incurring the time and expenses of a court trial.
  2. Strong Legal Grounds: If you have a robust case against the at-fault party and the insurance company fears higher compensatory and, in some cases, punitive damages in a trial, they may opt for a settlement to avoid greater financial repercussions.
  3. Skilled Representation: If you have a proactive and resourceful New York personal injury attorney with trial expertise and a substantial record of successful verdicts and settlements, defendants and insurers are more likely to settle through negotiations to evade facing your lawyer in front of a judge or jury.
  4. Concerns about Public Image: If the responsible party is a private company, they might be apprehensive about the negative publicity a protracted trial could bring to their brand, motivating them to settle out of court.
  5. Comparable Settlement Offer: If the settlement proposed by the insurance company aligns with what you could potentially gain from a trial, your attorney might advise settling the claim instead of pursuing a court case.

Why Some Personal Injury Claims May Proceed to Trial

  1. Uncooperative Insurance Company: If the insurance company representing the responsible party persistently declines to present a fair settlement offer, your attorney might advise pursuing a trial to secure the rightful compensation you deserve.
  2. Potential for Punitive Damages: When your attorney identifies the possibility of punitive damages, in addition to compensatory damages, due to substantial evidence of reckless behavior and a complete disregard for the well-being of others on the part of the at-fault party, they may recommend taking the case to court.
  3. Extreme Wrongdoing: In cases where the actions of the responsible party are especially egregious, and you believe that they should be publicly held accountable for their misconduct, your lawyer might propose pursuing a trial.

However, it’s crucial to note that once your case proceeds to trial, you relinquish control over its outcome.

The ruling of the judge or jury and the potential recovery amount become uncertain.

Therefore, your New York personal injury attorney will typically opt for a trial only when:

  • The defendant’s insurance company persistently fails to offer a reasonable settlement, despite acknowledging their client’s fault.
  • Your attorney possesses compelling evidence capable of clearly establishing the at-fault party’s liability and persuading the judge or jury regarding the extent of suffering caused by your injuries.

ALSO READ : Can I switch Attorneys in Personal Injury Case?

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