After an accident, most people assume their personal injury claim will eventually settle. In many cases, that is true. Insurance companies often prefer settlement because it limits risk and keeps costs predictable. Injured individuals also tend to want faster resolution so they can focus on healing and getting back to normal life. Still, not every claim can be resolved through negotiation alone. Some disputes require court involvement to reach a fair outcome. Read on and reach out to a dedicated Rockland County personal injury lawyer from 59Law.com to learn about when a case may need to be settled in court.
Why do some personal injury cases settle before trial?
The majority of personal injury claims never reach a courtroom because settlement can benefit both sides. Common reasons cases settle early are as follows:
- Liability is clear and well supported by evidence
- Medical records and bills clearly connect the injuries to the accident
- Insurance coverage is sufficient to pay fair compensation
- Both sides want to avoid the time, expense, and uncertainty of trial
When fault is obvious and damages are documented, insurers often choose settlement rather than risk a jury verdict. Negotiations may happen quickly or after some back and forth, but resolution outside court is usually possible in these situations.
That said, settlement only works when the insurer makes a reasonable offer. If compensation falls short of what the injured person truly needs, court may become the only option.
When does a personal injury case need to go to court?
A personal injury case may need to be settled in court when disputes cannot be resolved through negotiation alone. This often happens when:
- Fault for the accident is disputed
- Multiple parties are involved and blame is shared
- The insurer denies the claim entirely
- Injuries are severe, permanent, or disputed
- The value of pain and suffering is challenged
Insurance companies may argue that injuries were pre-existing, exaggerated, or unrelated to the accident. They may also minimize future medical needs or lost earning capacity. When reasonable offers are not made, filing a lawsuit may be necessary to protect the injured person’s rights.
Going to court does not always mean a full trial. Many cases settle after litigation begins, once depositions, expert opinions, and evidence reveal the strength of the claim.
What happens after a personal injury lawsuit is filed in New York?
Once a lawsuit is filed, the case enters the litigation process. This stage often motivates insurers to reassess their position. During litigation, the following steps may occur:
- Exchange of evidence and medical records
- Depositions of parties and witnesses
- Expert testimony regarding injuries and damages
- Court conferences and motion practice
As deadlines approach and trial risk becomes more real, settlement discussions frequently resume. Many cases resolve during this phase, sometimes shortly before trial.
If settlement still cannot be reached, the case proceeds to trial, where a judge or jury decides liability and damages. While trials are less common, they are sometimes the only way to achieve full and fair compensation.
If you have additional questions or would like to speak with a knowledgeable personal injury lawyer about your case, please don’t hesitate to contact 59Law.com today.