Is It Better to Go to Trial or Settle a Personal Injury Case?
Injured people pursuing personal injury claims often ask, “Is it better to go to trial or settle?” The answer depends on the facts and circumstances of the case. If you have been seriously injured by someone else’s carelessness or negligence, you may be entitled to seek compensation for medical bills, lost income, and other expenses. You should discuss the matter with a knowledgeable Queens personal injury trial attorney.
Call The Tadchiev Law Firm, P.C. for a free consultation. One of our lawyers can review the facts of your case and discuss your legal options. Our law firm handles injury cases on a contingency fee basis. We only receive a legal fee if we secure an insurance settlement or court award for you. If you don’t get paid, we don’t, either. Call our office today and let’s talk.
Reasons You Might Settle
In many cases, settling a personal injury claim rather than taking the case to trial is in your best interest. Some of the reasons for that include:
- Quicker Timeline: Reaching a settlement agreement can typically occur more quickly than having your case progress through the court system and obtaining a verdict in a jury trial. But both sides must be open to a negotiated settlement.
- Stress Avoidance: Settlement negotiations usually take place in an informal, private setting, such as an office or a boardroom, rather than the formal, public setting of a courthouse.
- More Control: Trial outcomes are unpredictable. Settlement negotiations allow you more control over the amount you receive and more predictability in the outcome. You don’t have to accept the insurer’s offer if you believe the offer isn’t fair compensation for your medical treatment and lost wages. You have the leverage of a personal injury case going to trial to help persuade insurance companies that an increased settlement offer is a better option.
- Privacy: Another advantage of settling a personal injury claim rather than going to court is that the settlement terms can remain confidential. No one has to know the amount of your personal injury settlement. If you take your case to trial, everything that happens in the case becomes part of the public record, including the amount of your award.
For all of the reasons listed above, many personal injury cases settle.
Reasons You Might Go to Trial
You may never have imagined your personal injury case going to trial. However, there are valid reasons why you might make that choice. You and your lawyer will consider many factors when deciding to settle or go to trial. A court trial can offer certain advantages:
- Potential for More Compensation: A strong case with abundant evidence of clear liability may yield better results in court than in settlement negotiations. Your lawyer can use the evidence to tell a convincing story of how the other party was at fault. Evidence that reveals the extent of your injuries may be more compelling to a jury than it would be to insurance adjusters and defense lawyers.
- Sense of Justice: A trial award not only provides compensation for your injuries and losses. A favorable court decision can also give you a sense that you secured justice for the harm that you suffered. The trial process may provide a sense of closure. You may feel a weight has been lifted after you tell your story publicly in court.
- Punitive Damages: Only a court can award punitive damages. In New York, a court can award punitive damages if it finds that the at-fault party was malicious or acted with conscious disregard for your safety and interests to the extent that their behavior was willful or wanton. These damages are intended to deter similar conduct in the future.
Get Advice on Your Case from a Personal Injury Lawyer
Whether you want your personal injury claim to settle or you want your day in court, an experienced Queens personal injury lawyer can offer the guidance and direction you need to pursue a successful result. You can discuss your goals with a lawyer. If your goals cannot be met, an experienced attorney will help you understand what is reasonable to expect from going through the legal process.
How a Personal Injury Attorney Helps with a Settlement or Trial
An experienced personal injury attorney will know what types of evidence are most persuasive in your accident case. The attorney will seek crucial evidence before it deteriorates and preserve it for your case. If you have catastrophic injuries, your attorney may enlist the help of life care planners to understand your future medical needs and the cost of adapting your home to accommodate your disabilities. The lawyer who has gathered persuasive evidence of negligence as part of trial preparation can enter settlement talks with the at-fault party’s insurer and negotiate from a position of strength.
If your case goes to court because the insurer won’t agree to a fair settlement, a Queens personal injury trial attorney can present your case in the best possible light. A personal injury trial attorney will know how to counter the defense’s arguments about the at-fault party’s culpability.
Trying to handle the claims process on your own can be a costly mistake. You need a reputable personal injury lawyer whom you can trust to provide skilled legal representation.
Call Our Queens Personal Injury Lawyers to Get Legal Help
After you’ve been hurt in an accident caused by someone else, you need the help of a Queens personal injury trial attorney. The attorneys at The Tadchiev Law Firm, P.C. are committed to pursuing maximum compensation for people who’ve been harmed by the actions or wrongdoing of others. Our law firm is aggressive in representing injured people who turn to us for help.
Our legal team will give you personal attention and reliable legal guidance. We don’t take a large volume of cases. Therefore, we can invest the necessary time to fully develop each client’s case. We get to know our clients as we help them pursue their goal of a financial recovery.
Let us give you the personal attention your case deserves. Call our office today for your free consultation with one of our lawyers. We’re here for you.
About the Author
Boris Tadchiev
Boris Tadchiev is the founding partner at The Tadchiev Law Firm, P.C. He focuses his practice on advocating for the rights of individuals and families in personal injury cases involving motor vehicle accidents, premises liability, and wrongful death. He also represents healthcare providers in complex no-fault arbitration claims.