Ultimately, the decision of whether to go to trial in a car accident personal injury case should be based on a number of factors, including the severity of your injuries, the strength of your case, and your personal preferences. It is essential to discuss your options with an experienced personal injury attorney who can help you understand the pros and cons of going to trial and make an informed decision about how to proceed.
What is a settlement in a car accident personal injury case?
A settlement in a car accident personal injury case is an agreement between the parties to resolve the case without going to trial. Settlements typically involve a payment of money from the responsible party or their insurance company to the injured party in exchange for the injured party agreeing to release the responsible party from any further legal liability for the accident.
Settlements can be negotiated at any point during the legal process, including before a lawsuit is filed, during the pre-trial phase, or even during the trial itself. They may be reached through direct negotiations between the parties or through the use of mediation or arbitration, which are alternative dispute resolution methods that involve a neutral third party helping the parties reach an agreement.
There are several advantages to settling a car accident personal injury case. Settlements can be reached more quickly than going to trial, which can be particularly beneficial if you need financial compensation to cover your medical expenses or lost wages. Settlements can also be less stressful and emotionally taxing than going to trial, as you don’t have to worry about the uncertainty of a jury’s decision.
There are also some potential disadvantages to settling a car accident personal injury case. One risk is that you may receive less money through a settlement than you would have received if you had won your case at trial. It’s also important to keep in mind that once you accept a settlement, you are generally not able to seek additional compensation for the same injuries in the future.
Overall, the decision of whether to accept a settlement in a car accident personal injury case should be based on a number of factors, including the strength of your case, the severity of your injuries, and your personal preferences.
Why a trial might not be the best option:
Every case we handle at Kuller Law Firm LLP has unique aspects that merit a close examination of the facts. What do we mean by this? Well, while we might be able to give you brief explanations about the legal process through this article, by no means is it legal advice. For qualified legal advice, you need to schedule a consultation so we can best guide you. However, our experience has given us insights into what might be your best options when it comes to maximizing your claim’s value.
Personal injury cases in New York sometimes need to be decided in trial. A judge and jury will hear arguments from both the claimant and defendant on whether or not the defendant holds liability for the claimant’s injuries (are they at fault).
Trials have a series of phases. These include:
- Getting a jury together
- Opening statements
- Testimony
- Cross-examination
- Closing arguments
- Deliberation
- Verdict
There are several pros and cons to consider when deciding whether to go to trial in a car accident personal injury case. Some of the potential pros include:
- The possibility of a larger financial award: If you are successful at trial, you may be awarded more money than you would have received through a settlement. This could be particularly important if your injuries are severe and you have incurred significant medical expenses or lost wages.
- The opportunity to have your day in court: Going to trial allows you to present your case to a jury and have your say in front of a neutral third party. This can be emotionally satisfying and give you a sense of closure.
- The chance to hold the responsible party accountable: A trial can provide an opportunity to hold the responsible party accountable for their actions and send a message that reckless or negligent behavior will not be tolerated.
There are also some potential cons to going to trial:
- Lengthy and costly process: Trials can be time-consuming and costly, especially if the case goes to appeal. You may have to pay court fees and the cost of hiring an attorney and other experts to present your case.
- No guarantee of a favorable outcome: There is no guarantee that you will win your case at trial. Even if you believe you have a strong case, the jury could still rule against you.
- The risk of a lower financial award: If you lose your case at trial, you may be awarded less money than you would have received through a settlement.
There’s also a serious question about time. Going to trial almost always requires a longer process than settling during the arbitration. There are extra costs associated with a full trial and sometimes those who have been injured need the money sooner rather than later.
Why Kuller Law Firm LLP is one of the best personal injury attorney in New York:
The fact is, we don’t know how strong any case is until we complete a strategy session. But, our approach to personal injury cases has resulted in clients receiving the much-needed monetary damages they deserve. We have been able to secure multiple million-dollar settlements for their clients through tough negotiations and litigation. Other attorneys might not have the legal insight and tenacity to push for the best settlement possible.
Here are some tips for finding the right personal injury attorney in New York:
- Research potential attorneys: Look for attorneys who have experience handling cases similar to yours and who have a track record of success. You can find this information on the attorney’s website or by asking for references or case results.
- Check the attorney’s credentials: Make sure the attorney is licensed to practice law in New York and that they are in good standing with the New York State Bar Association.
- Meet with the attorney: It’s important to find an attorney who you feel comfortable working with. Schedule a consultation with the attorney to ask about their experience, their approach to handling cases, and their fees.
Overall, it’s important to do your research and take the time to find an attorney who is a good fit for your case and your needs. Don’t be afraid to ask questions and seek references before making a decision. If you’re ready to take the next steps, contact us today.