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how many personal injury cases go to trial

If you’ve been seriously injured as a result of someone’s negligence or misconduct, you may have a valid personal injury case.

You have the legal right to pursue financial compensation for your losses, and you may end up settling out of court.

But if the insurance company refuses to extend a reasonable settlement offer, going to trial could be the only way to get the compensation you deserve.

So what is the likelihood that your personal injury case will go to trial? With a seasoned New York lawyer at your side, the odds are fairly slim.

An attorney with experience representing injured victims will be capable of engaging in the type of hard-line negotiations necessary to get you a fair out-of-court settlement.

This outcome isn’t guaranteed, however. For that reason, you’d be wise to work with a personal injury law firm like Ginsberg & Caspi, PLLC, that prepares every case for trial from the beginning. 

What Percentage of Personal Injury Cases Go to Trial?

No one really knows what percentage of personal injury cases go to trial. 

Personal injury claim resolution data isn’t correlated by any official agency or organization, and the details of many settlements are bound by non-disclosure agreements. As a result, we have little more than personal experience and anecdotal evidence to go on.  

That said, we know that going to trial is far from the norm. Most of our cases end with out-of-court settlements, in fact.  However, determining the best way to proceed with your case requires a careful evaluation of the circumstances and your objectives.

Why Do Many Personal Injury Cases Settle out of Court?

When injured victims have legal representation, insurance companies are typically more willing to make stronger settlement offers. If insurance adjusters know that you are ready and able to go to court, they will aim to settle out of court to avoid the risk of a high damages award.

In addition, the New York courts typically encourage the parties involved in a personal injury claim to find a mutually agreeable resolution instead of taking a case to trial.

Many claims are settled at mediation, where a neutral third party facilitates negotiations between the injured victim and the insurance company.

Should I Settle out of Court or Let My Personal Injury Case Go to Trial? 

Settling out of court can be preferable to going to trial. The reasons why most personal injury claims settle before trial include:

  • Cost—Taking a case to trial can be quite expensive, and settling out of court allows injured victims to avoid legal costs. 
  • Time—Trials can go on for months, and the outcome can remain up in the air for years. Settlements provide financial compensation much faster. 
  • Risk—Going to trial comes with a risk of receiving nothing. Settling out of court ensures a positive case outcome. 
  • Stress—Dealing with serious injuries can be difficult enough, and for some injured victims, the additional stress of going to trial is too much to handle.

When considering whether to settle your case out of court, the amount the insurance company offers is likely to be the deciding factor.

An experienced New York attorney can tell you if it covers your losses and is worthy of accepting. If not, taking the case to trial may be necessary to fight for fair financial compensation.

Get Advice from an Experienced New York Personal Injury Lawyer

Few insurance adjusters immediately put forward a reasonable settlement offer, and many injured victims find that insurance companies try to deny their claims altogether.

With a team of highly skilled attorneys who aggressively pursue justice, you won’t have to worry about walking away with less than you deserve.

At Ginsberg & Caspi, PLLC, our personal injury lawyers take on the big insurance companies, and we’re always ready to push a case to trial to maximize recovery. Let us worry about your settlement, and you’ll be much more likely to receive every dollar you’re entitled to under New York law.

The experienced New York trial attorneys at Ginsberg & Caspi, PLLC, can protect your legal rights and develop a solid strategy for your personal injury case. Contact our office to schedule a free consultation today.

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