Will My Personal Injury Lawsuit Go to Trial?
A lot of people are wrongfully injured every day but hesitate to take legal action against negligent parties, fearing a lengthy and exhausting trial. That is unfortunate, as the large majority of personal injury cases settle outside of court.
The truth is that trials can be risky and expensive endeavors for both the plaintiff and the defendant. This is why most insurers prefer to resolve a claim before taking it to court. That being said, there are a variety of factors that can force a lawsuit to trial, underscoring the need for knowledgeable legal counsel.
There is no denying that settlements are often in the best interest of both parties. But there are exceptions. In situations like these, you want a New York City personal injury lawyer from Douglas & London with proven trial expertise– a legal advocate who takes the time to prepare a solid case that is backed with convincing evidence.
Experienced trial counsel in New York
We work hard to ensure clients achieve the recovery they need and deserve. Our highly-accomplished attorneys are not ones for settling personal injury cases quickly. In our experience, it’s unwise to settle a case until we know with absolute certainty our client’s future needs, medical costs, and expenses since a settlement is final. Once it is agreed upon, you– as the plaintiff– renounce any rights to pursuing additional compensation.
If you were harmed because of the reckless and negligent behavior of another, take advantage of our in-depth knowledge of personal injury law and established trial experience. We have an impressive record of trial victories in both state and district courts, which have garnered national acclaim.
Why do most personal injury cases settle?
Many personal injury cases arising from premises liability, defective products, and car accidents will involve an insurance company. They would prefer to stay out of the public eye. Besides the inconvenience and cost of taking a case to trial, insurance companies are keen to avoid any negative publicity. Trials can drag on for months– incurring enormous fees in the process.
Moreover, juries can be highly unpredictable. Most defendants would rather have some say in the final settlement amount as opposed to leaving it up to a potentially sympathetic group of jurors. They could, if the trial is lost, be ordered to pay a huge verdict for pain and suffering or emotional distress.
Also, a settlement can be reached before a personal injury complaint is filed, or at any point during the trial. In some cases, defendants have even settled while jurors were deliberating a verdict.
Preparing each case for trial is key
To prevail in a personal injury action, you must have legally defensible proof that demonstrates the defendant owed you a duty of care, that you were injured by the defendant’s actions, and that you sustained significant damages. Without evidence like police reports, expert witnesses, medical records, and other documentation, your chances of securing a fair settlement are low.
In short, your attorney must investigate and prepare the case for litigation, even if a formal lawsuit is never filed. Insurance companies are not in the business of doing right by injury victims. Without a staunch advocate in your corner, they will try and settle your claim for the bare minimum. A Douglas & London personal injury lawyer can advise you whether a settlement offer is fair, or if you stand a better chance of legal recovery by going to trial.
Contact us for a free consultation
Going to trial can be financially draining, placing extra burdens on traumatized and cash-strapped plaintiffs. Expert testimony isn’t cheap, and legal fees can pile up as you await a jury verdict or potential settlement.
Fortunately, finances don’t have to factor into skilled representation from Douglas & London. Our personal injury attorneys work on a contingency-basis, meaning you do not pay a dime until we have obtained money in your case. To schedule a free, no-obligation, case review, please call our NYC office today.
