Although many cases make their way to the courtroom, most reach a settlement without going to trial. At Simon & Gilman, LLP, we want you to understand the legal and practical factors that shape this choice. Your decision should reflect your best interests, the strength of your case, your financial needs, and the way New York law affects your case. A personal injury lawyer from our team in Queens, NY can give you dependable legal advice to confidently move forward with your case, whether that be through trial or an outside settlement.
From a Personal Injury Lawyer in Queens, NY: Understanding the Implications of Settling Without a Trial
Evaluating the Certainty of Settlement
Settling a case provides you with a guaranteed outcome. Once you and the opposing party reach an agreement, you avoid the uncertainty and delay associated with litigation. In New York, most personal injury cases settle before trial for this reason. If you have clear medical documentation, strong liability evidence, and a reasonable understanding of your damages, a fair settlement may meet your needs without exposing you to further legal costs or prolonged proceedings.
Settling also gives you control over the timeline. Trials in New York courts often require months or even years of preparation. You may need compensation sooner to pay for medical expenses or replace lost income. A well-negotiated settlement can address those needs without waiting for court dates or appeals.
Assessing the Advantages of Trial
There are circumstances where taking your case to trial may be the best option. If the other party or their insurer refuses to offer a fair settlement, a trial may provide the opportunity to seek full compensation. New York law allows juries to award damages that reflect your medical costs, lost earnings, pain and suffering, and future expenses. If the settlement offer falls short of your documented losses, proceeding to trial can be a strategic choice.
Trials also provide public accountability. If your injury resulted from corporate negligence, defective products, or egregious misconduct, going to court can highlight the defendant’s wrongdoing. This may influence the jury and increase your potential recovery.
Weighing Costs and Timelines
You must consider the time and expense of a trial. Litigation costs include expert witness fees, court filings, and attorney preparation. While we handle cases on a contingency fee basis, meaning you won’t be charged any fees unless we win your case, the process itself can still require significant time and emotional investment.
New York courts are often backlogged, especially in populous areas such as Queens, Brooklyn, and Manhattan. A trial may take several years to conclude, with additional time required if an appeal follows. You need to weigh the potential benefit of a larger award against the cost of a delayed resolution.
Factoring in the Strength of Evidence
The strength of your evidence should guide your decision. If liability is clear and the damages are sufficiently documented, you may have leverage to negotiate a strong settlement. On the other hand, if liability is disputed or the outcome is unpredictable, a trial introduces additional risk.
Schedule a consultation with us today at Simon & Gilman, LLP in Queens, NY, to ensure you fully understand your options as you move towards a positive legal resolution.
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