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Not only can car accidents result in serious physical trauma, but they can also cause emotional and financial stress through further legal trouble. While most claims are settled with the insurance company after the accident instead of going to trial, there are some cases that still end up going to trial anyway. If you are facing a car accident trial, it is important to know what to expect in these situations. To learn more, continue reading below and contact an experienced New York personal injury attorney for assistance.

Why Would I Go to Trial?

There are two primary reasons as to why a car accident case may go to trial: if you and the insurance company cannot agree on who is at fault or both parties are not satisfied with the proposed compensation. In these situations, a trial can give you the opportunity to show evidence that backs up your claim. This could possibly result in receiving more compensation. However, alternatively, if you are proven to be at fault for the accident, it can hurt your case and harm the changes of receiving compensation.

What Does a Car Accident Trial Look Like?

Going to trial for a car accident begins with the selection of the jury. This is done at random by asking questions that eliminate any potential biases and see if the individual is fit for your case. Once the jury is selected, a trial date can be set. To begin the trial, opening statements can present the argument of each side. Typically, the insurance company will argue that you should not receive compensation because you were partially at fault for the accident. Once opening statements are completed, your attorney can present proof of your claim, such as witness testimony, bystanders, medical professionals, and more.  

To finish, both sides can make closing arguments that recap their stance and convince them of their side. The jury can then deliberate over the evidence presented. Depending on the severity of the case, this can take anywhere from just a few hours to possibly even days. Once the decision is made, they can share the verdict with the judge who will present it to you and your attorney. If you win the case and the other party does not file an appeal, you may begin to recover compensation from your insurance company within 15-40 business days. 

Contact our Firm

If you have been injured in a New York City personal injury accident, Swerling Law is here to help. Our firm understands the challenges that many people face after being hurt in an accident and is prepared to help you receive an award of significant compensation to ease some of your burdens. To schedule a consultation with an experienced construction site accident attorney in New York City, contact Swerling Law today.


To a man who was assaulted at a restaurant and sustained a traumatic brain injury.


Settlement to a barista who slipped and fell on a defective stairwell while working for Starbucks who sustained back injuries requiring multiple surgeries in 2012.


Settlement to a woman who was assaulted and sustained back/hip injuries in 2015.


To a man who sustained back injuries when he was a passenger in the car that rear ended another car.


Verdict to a high school student who was assaulted by a school dean during her lunch period dislocating her hip in 2014.

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