Will I Have To Go To Court?

Suppose you or a loved one have suffered devastating injuries in an accident caused by someone else’s negligence. In that case, you must understand all of the legal options available to recover damages. Although accident victims have the right to take their injury claims to court under New York law, most lawsuits get settled without going to trial. Contrary to what most people think, only about 3 percent of all cases go to court. 

When hospital bills and other expenses are piling up, and a victim is not getting paid because they cannot work, it can be highly tempting to take the insurance company’s first settlement offer. However, insurance adjusters often try to exploit victims by offering lowball settlements. Before accepting any offer, discussing your case with a knowledgeable personal injury lawyer is imperative to ensure that you maximize your compensation.

Negotiations And Settlement Offers

Whether your case goes to court depends on the circumstances surrounding your claim. Your attorney will submit a demand package to the defense referencing the details of your lawsuit, such as damages suffered, the strengths of your case, admissible evidence, and liability. This will likely lead to negotiations and settlement discussions. A settlement agreement is a legally binding contract between the plaintiff and the defendant. Settlements typically involve the defendant paying monetary compensation in exchange for the victim signing a release of liability. If negotiations are unsuccessful, your lawyer may attempt alternative dispute resolution before proceeding to trial. 

The Advantages Of Settling Your Case

In most lawsuits, there are numerous benefits to reaching an early settlement. Some of the advantages to settling your injury case instead of going to trial may include:

1. Settlements Are Quicker: When comparing the timelines of a case that settles with one that goes to court, the average settlement tends to be much faster.
2. You Know The Settlement Amount: The jury or judge determines the amount of damages you will be awarded at trial. While you could obtain more than expected, there is also a risk of receiving less than if you would have settled. 
3. Faster Payouts: Even after a verdict is reached at trial, there is still a possibility that the defense will appeal. Conversely, you will likely receive your settlement check within weeks.
4. Costs Are Lower: Trials involve significantly more work, time, and resources than settlements.
5. Court Appearances Can Be Stressful: At trial, things can change instantly, leading to excessive stress and uncertainty. On the other hand, the settlement process is more straightforward and less burdensome, especially if you have a practiced attorney handling your negotiations.

Our Buffalo, New York Personal Injury Attorneys Can Help Settle Your Claim Today!

The Dietrich Law Firm P.C.’s elite trial attorneys have the expertise and experience necessary to help you move on by getting the justice that you deserve. Unlike other law firms, our attorneys will never pressure you into accepting a lowball settlement to avoid going to court. Please get in touch with our battle-tested team at 716-839-3939 or by completing our online consultation form.