Will my Personal Injury Case Go to Trial?
June 9, 2021 in Personal Injury
At Sullivan Papain Block McManus Coffinas & Cannavo P.C. our personal injury attorneys are dedicated to helping accident victims secure compensation for any injuries they may have suffered due to the negligence of another party. With over 75 years of experience helping New York City residents secure compensation, the attorneys at Sullivan Papain Block McManus Coffinas & Cannavo P.C. specialize in litigating claims in car accidents, construction accidents, product liability, mass disasters, medical malpractice, workplace injuries, premises liability and nursing home abuse.
According to the U.S. Department of Justice over 400,000 personal injury cases are filed each year. However, less than 5% of those claims actually go to trial. While each case is different, a thorough analysis of the benefits of a claim either settling or going to trial is always essential.
What is a Personal Injury Case?
A personal injury case is a legal dispute that arises when one suffers harm caused by the negligent conduct of another party. The negligent party should be responsible for that harm. In a personal injury case, harm can include bodily injury, pain and suffering, and economic loss.
An automobile accident is the most common incident in which a personal injury claim will arise. Other examples of personal injury cases include construction accidents, product liability, mass disasters, medical malpractice, workplace injuries, premises liability and nursing home abuse.
Why is Seeking Legal Counsel Important in a Personal Injury Case?
It is essential to seek legal counsel for a personal injury case even if the case does not go to trial. There is no question that dedicated and experienced attorneys can greatly influence the success of your claim. Competent lawyers will collect and assemble key evidence and identify and meet with essential witnesses and fully document and project your medical treatment and condition. There is no question that by relying on the help of your legal team, you are able to build a stronger claim.
In addition, a personal injury lawyer will be able to deal directly with insurance companies. We will not allow the insurance companies to take advantage of our clients and will always require the insurance representatives to only have contact through our office. Knowledgeable personal injury attorneys have the experience necessary to interact with insurance representatives and to establish and project the full extent of the appropriate theory of liability and of our client’s physical and emotional damages.
Will My Personal Injury Case Go to Trial?
A vast majority of personal injury cases do not go to trial. Most are resolved before trial. We believe that the key issue in determining whether a case settles or goes to trial is always how will the interest of the client be best served.
What are the Pros and Cons of a Trial?
There are certain benefits to taking a personal injury lawsuit to trial. As a result of a trial you may have the potential to receive a higher amount of compensation then if you settle. The threat of a substantial verdict may compel an insurance company to settle for an amount higher than they had contemplated. If the case goes to verdict a judge or jury may award a greater amount for a client’s pain and suffering, which is an element that often defendants try to minimize when settling outside of court.
A trial may often bring a greater sense of justice to a plaintiff. If a defendant is found guilty, that public finding often brings a sense of relief and satisfaction to an injured party. In contrast, when the case is settled the defendant never has to admit their culpability.
On the other hand, there are also disadvantages to consider when making a decision to take a personal injury lawsuit to trial. Apart from the potentially lengthy and expensive process if the case goes to verdict, there is no guarantee that the plaintiff will win since there are occasions when judges and juries will, however unfairly, dismiss the plaintiff’s claim causing the client to get nothing.
How Do I Decide If My Personal Injury Case Should be Settled or Taken To Trial?
It is essential to team up with dedicated and knowledgeable personal injury attorneys. A reputable attorney, experienced, dedicated and committed, will advise and assist you when you make the decision as to whether your case should go to trial or whether your interests will be best served if you get a fair settlement outside of court. We absolutely believe that the decision must be based on what is best for our client.
If you are considering filing a personal injury lawsuit against another party to seek compensation, see how we can help. The skilled and knowledgeable personal injury attorneys at Sullivan Papain Block McManus Coffinas & Cannavo P.C. have decades of experience handling personal injury claims. Contact us here or call today for a free consultation to help determine the best course of action for your personal injury claim: (212) 732-9000.