This page was written, edited, reviewed & approved by Ruben Davidoff following our comprehensive editorial guidelines Ruben Davidoff ,the Founding Partner, has 30+ years of legal experience as a New York personal injury attorney.
Will your Queens personal injury case go to trial? Learn why most claims settle, what triggers litigation, and how trials work. Call (718) 268-8800.
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One of the most common questions injury victims ask is whether their personal injury case will end up in court. The answer depends on the facts of the case, the strength of the evidence, and whether the insurance company is willing to offer fair compensation.
While many personal injury claims settle before trial, some require litigation to achieve a just outcome. If you have questions about your case, contact Davidoff Law at (718) 268-8800 for a free consultation.
Do Most Personal Injury Cases Go to Trial?
No. Most personal injury cases are resolved through settlement negotiations before reaching trial. Settling a case often saves both parties time, expense, and the uncertainty of asking a judge or jury to decide the outcome.
However, not every claim can be resolved through negotiation. If the insurance company disputes liability, questions the severity of your injuries, or refuses to offer fair compensation, filing a lawsuit and preparing for trial may become necessary.
Although going to trial is less common, an experienced personal injury attorney prepares every case as though it could ultimately be decided in court. Being ready for trial often strengthens a client's position during settlement negotiations.
Why Do Most Personal Injury Cases Settle?
Settlement is often the most practical outcome for both injury victims and insurance companies. When liability is reasonably clear, and both sides have a realistic understanding of the damages, negotiating a settlement can avoid the time, expense, and uncertainty of a trial.
Clear Liability
Cases are more likely to settle when the evidence clearly shows who caused the accident. Police reports, surveillance footage, photographs, witness statements, and other evidence can make it difficult for the at-fault party to dispute responsibility.
Strong Evidence
Well-documented claims often encourage settlement. Medical records, expert opinions, proof of lost income, and other supporting evidence help demonstrate both liability and the value of the injured person's damages.
Predictable Damages
Settlement is also more likely when the injured person's medical condition has stabilized, and the parties have a clear understanding of the financial and personal losses involved. Knowing the extent of medical expenses, lost wages, future treatment needs, and pain and suffering allows both sides to negotiate from a more informed position.
Avoiding the Cost and Time of Trial
Trials can take months or even years to conclude and often involve additional legal expenses, expert witnesses, depositions, and court proceedings. For many parties, reaching a fair settlement provides a faster and more predictable resolution.
What Could Cause My Case to Go to Trial?
Although many personal injury claims settle, certain issues can make litigation more likely.
Your case may proceed to trial if:
- Liability is disputed.
- The insurance company denies your claim.
- The insurer refuses to make a fair settlement offer.
- You suffered catastrophic or permanent injuries.
- Multiple parties may be responsible for the accident.
- There are significant disagreements about the value of your damages.
Even after a lawsuit is filed, settlement negotiations usually continue. In many cases, the parties reach an agreement before the trial begins.
If the insurance company refuses to treat your claim fairly, Davidoff Law is prepared to take your case to court. Call (718) 268-8800 today for a free consultation.
What Happens Before a Personal Injury Trial?
A personal injury case typically goes through several stages before reaching a courtroom. Although every case is different, the process generally includes:
- Investigation: Your attorney gathers evidence, reviews medical records, interviews witnesses, and evaluates your damages.
- Filing the lawsuit: If settlement negotiations are unsuccessful, your attorney files a complaint with the appropriate court.
- Discovery: Both sides exchange information and evidence relevant to the case.
- Depositions: The parties, witnesses, and experts may answer questions under oath before trial.
- Expert witness evaluations: Medical experts, accident reconstruction specialists, economists, or other professionals may be retained to support the claims or defenses.
- Settlement negotiations or mediation: The parties often continue negotiating throughout the litigation process and may participate in mediation if appropriate.
Preparing thoroughly during these stages helps ensure your case is ready if a trial becomes necessary while also creating opportunities to resolve the dispute before entering the courtroom.
What Happens During a Personal Injury Trial?
If your case does not settle, it will proceed to trial, where a judge or jury will determine whether the defendant is liable and, if so, how much compensation should be awarded.
A personal injury trial generally includes:
- Jury selection, if applicable: Attorneys help select an impartial jury to hear the case.
- Opening statements: Each side presents an overview of the evidence they intend to introduce.
- Presentation of evidence: Witnesses testify, documents are introduced, and experts may explain technical or medical issues.
- Closing arguments: Each side summarizes the evidence and explains why the verdict should favor their position.
- Verdict: The judge or jury decides liability and, if appropriate, the amount of damages.
Trials can last anywhere from a single day to several weeks, depending on the complexity of the case.
How Long Does It Take for a Case to Go to Trial?
There is no standard timeline for a personal injury case
. Some lawsuits reach trial within a year, while more complex cases may take considerably longer.
Several factors can affect the timeline, including:
- The severity of your injuries.
- The complexity of the accident.
- The number of parties involved.
- Court scheduling.
- The amount of evidence that must be exchanged during discovery.
- Ongoing settlement negotiations.
Although waiting for trial can be frustrating, taking the time to thoroughly prepare your case often improves your chances of obtaining a favorable outcome.
Can My Case Settle After a Lawsuit Is Filed?
Yes. Filing a lawsuit does not mean your case is destined for trial. In fact, many personal injury cases settle after litigation begins.
Settlement can occur:
- During discovery.
- After depositions are completed.
- During mediation.
- Shortly before trial.
- Even after the trial has begun in some cases.
As both sides learn more about the strengths and weaknesses of the case, they may become more willing to negotiate a fair resolution.
Should I Accept a Settlement or Go to Trial?
Every case is different, and the right decision depends on your injuries, the available evidence, the settlement offer, and your personal goals. An experienced attorney can explain the potential risks and benefits of each option.
| Settlement | Trial |
| May resolve your case more quickly. | May result in a higher compensation award. |
| Provides greater certainty about the outcome. | The outcome is decided by a judge or jury. |
| Usually involves lower litigation costs. | Often requires more time and preparation. |
| Ends the case without further court proceedings. | Carries the risk of recovering less, or no compensation at all. |
Before accepting a settlement, it is important to understand the full value of your claim. Once a settlement is accepted, you generally cannot seek additional compensation for the same injuries later.
How Can a Queens Personal Injury Lawyer Help?
Whether your case settles or proceeds to trial, experienced legal representation can make a significant difference. A personal injury lawyer can guide you through every stage of the process while protecting your rights and advocating for your best interests.
A personal injury attorney can help:
- Investigate the accident.
- Gather and preserve evidence.
- Calculate the full value of your damages.
- Negotiate with insurance companies.
- Evaluate settlement offers.
- Prepare your case for trial, if necessary.
- Present your case before a judge or jury.
Preparing every case as though it will go to trial often places injured victims in a stronger position during settlement negotiations.
Frequently Asked Questions (FAQs)
Will I have to testify at trial?
How often do personal injury cases settle?
What if the insurance company refuses to negotiate?
Can my case settle after the trial begins?
Contact Our Queens Personal Injury Lawyer at Davidoff Law for a Free Consultation
Whether your personal injury case settles or proceeds to trial, having experienced legal representation can make a meaningful difference in the outcome. Contact Davidoff Law today at (718) 268-8800 for a free consultation.
We will evaluate your case, explain your legal options, and fight for the maximum compensation you deserve.
Ruben Davidoff, founder of Davidoff Law, established his practice in 2012 after moving to Queens in 1988 and beginning his legal career in 1997. Admitted in NY State and the US District Court for the Eastern District of NY, he has extensive experience in personal injury, handling various cases like airline crashes, auto accidents, and slip/trip and fall cases. Mr. Davidoff provides personalized attention, recovering millions for clients through settlements or verdicts, leveraging decades of experience.
