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If you have been injured due to someone else’s negligence, you are entitled to file a personal injury claim to seek compensation for the damages you have incurred. One of the most common concerns victims have is whether their case will end up in court. The prospect of facing a courtroom can be intimidating. However, the good news is that the vast majority of personal injury claims are resolved before they ever reach a judge. Please continue reading as we explore when a personal injury case may necessitate a trial and how a determined New York City Personal Injury Attorney can assist you during these difficult times. 

Will I Have to Go to Court to Get Compensation for a Personal Injury Claim?

While the possibility of a trial always exists, the reality is that most personal injury cases are resolved outside of the courtroom through negotiations and settlements. Through skilled negotiation and strategic legal arguments, an attorney can often secure a fair settlement with the at-fault party’s insurance company. This means you can obtain the compensation you deserve and need to get your life back on track without the stress, expense, and uncertainty that is often associated with a courtroom battle.

Nevertheless, the decision to settle or go to court should be made carefully, thoroughly weighing the pros and cons, considering the unique circumstances of your case, and seeking professional legal advice.

Why Do Some Cases End Up in Court?

Although going to court is usually considered a last resort, it may be necessary if a fair settlement cannot be reached. In the unfortunate event that the insurance company refuses to offer a fair settlement or if there are disputes over who is at fault or the extent of damage, litigation may be unavoidable. It’s important to note that if the evidence is unclear or intricate, or if the amount of compensation owed is disputed, the case may require adjudication by a judge or jury. If the parties involved cannot negotiate effectively or one party is unwilling to settle, a personal injury attorney will prepare your case for trial.

If you’re unsure whether you need to go to court for your personal injury claim, please don’t hesitate to contact an experienced attorney who can assess your case and determine the best course of action for pursuing fair compensation. At Swerling Law, we are prepared to help you understand your legal options and negotiate with the insurance company on your behalf. If a trial is necessary, we can effectively represent your interests and fight for the justice you deserve. Connect with our firm today to learn more about what we can do for you.

$10,500,000

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

$3,250,000

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.

$3,000,000

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

$2,325,000

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

$1,415,000

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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