Being injured in an accident through no fault of your own can be a traumatic experience. As you grapple with your financial losses, the injury’s pain, and the subsequent treatment, the insurance company will not make your life any easier. Insurance claims adjusters are often quick to approach victims to exploit their vulnerable position and minimize liability for their employer. If you have been injured due to someone else’s negligence, you deserve fair compensation for your damages. Don’t let aggressive parties pressure you into accepting a lower settlement than the actual value of your claim. Instead, contact an experienced New York City Personal Injury Attorney who can help you navigate your legal options for recovering compensation. Please continue reading to learn when your personal injury case may go to trial in New York.
What is the Process of Taking a Personal Injury Case to Trial?
Contrary to popular belief, personal injury trials are not that common. Generally, a skilled attorney will negotiate a settlement that is acceptable to both sides to prevent the case from going to trial to avoid backlogs. According to statistics, approximately 95% of all personal injury cases are settled out of court. However, if necessary, an experienced legal team can help you fight for the funds you are entitled to in court.
If negotiation fails or the insurance company denies your claim, your attorney can assist you in filing a personal injury claim against the at-fault party. After the lawsuit is filed, each side will use discovery tools to obtain information and evidence from the other party, including depositions, interrogatories, requests to produce documents, subpoenas, and requests for admissions. Essentially, the goal of this process is for each party to learn more about the other party’s case, such as the strength of their evidence.
Following the discovery process, the parties will typically attempt to settle the case before proceeding. They may even agree to undergo an alternative dispute resolution like mediation or arbitration. If pre-trial settlement negotiations fail, they will move forward with pre-trial motions. This involves asking the judge to decide on the merits of the case before it is presented to a jury. During the trial, both parties will present their evidence and arguments. The jury will deliver a verdict at the end of the trial. If they rule in favor of the plaintiff, they will award damages based on what they believe they are worth. If they rule in favor of the defendant, the plaintiff will not receive compensation for the damages they have endured.
As you can see, going to trial can be risky as the outcome is not guaranteed. You can’t predict how a jury will interpret your case. Therefore, before deciding to take your case to trial, it’s in your best interest to consult a proficient New York City personal injury attorney who can help you navigate the claims process and fight for your rights.
