Will I Have to Go to Court for My Personal Injury Case?

If you’ve been injured in an accident in New York City caused by someone else’s negligence, you may be considering filing a personal injury claim to recover compensation for your medical expenses, lost wages, pain and suffering, and other legal damages. One of the most common questions people have at the outset is: Will I have to go to court?

The short answer is: probably not. While it’s possible that your case could go to trial, most personal injury claims in New York are resolved through settlement negotiations long before a courtroom becomes necessary. That said, it’s important to understand how the process works, why some cases do end up in court, and what to expect if yours does. Read on for a discussion of this issue, and contact Leandros A. Vrionedes, P.C., for personalized advice tailored to your specific circumstances from a skilled and experienced New York personal injury lawyer.

Most Cases Settle Before Trial

The vast majority of personal injury claims are resolved through out-of-court settlements. In fact, more than 90% of personal injury cases settle before going to trial. Insurance companies usually prefer to avoid the costs and uncertainties of litigation, and most injury victims would rather receive fair compensation quickly than face a drawn-out legal battle.

Settlement negotiations can begin soon after the accident and may continue even after a lawsuit is filed. Some cases go through a long period of litigation and don’t settle until a trial date is imminent. This is an uncommon although normal aspect of personal injury litigation. With the right legal strategy and strong evidence, a fair resolution can often be reached without ever stepping foot in a courtroom.

Why Some Cases Go to Court

While most cases settle, there are situations where going to court becomes necessary. Some of the common reasons include:

• Disputes over fault. If the other party denies liability or claims that you were responsible for the accident, reaching a settlement may be difficult.
• Disagreements about damages. Even when liability is clear, insurance companies often challenge the extent of the victim’s injuries or the value of the claim.
• Bad faith practices. An insurer may drag out the process, deny valid claims, or make unreasonably low offers, leaving no option but to litigate.
• Complex Legal Issues. Some cases involve multiple parties, complicated legal issues, or significant damages, which can lead to court proceedings if the parties can’t agree on a settlement.

Ultimately, whether your case goes to court depends on how cooperative the opposing party is and whether they’re willing to make a reasonable offer that fully compensates you for your losses.

What Happens If a Lawsuit Is Filed?

Filing a lawsuit doesn’t automatically mean your case will go to trial. In fact, many cases settle after a lawsuit is filed but before trial begins. The litigation process can serve as a way to apply pressure on the insurance company to settle.

Once a lawsuit is filed, several steps take place before trial:

1. Pleadings. Both sides file formal legal documents outlining their positions.
2. Discovery. Each side exchanges evidence, answers written questions, and may conduct depositions (sworn interviews under oath).
3. Motions. Attorneys may ask the court to resolve certain issues before trial.
4. Settlement negotiations. At any point, the parties can agree to settle the case. Mediation or settlement conferences may be ordered by the court to encourage resolution.
5. Trial. If no agreement is reached, the case proceeds to trial, where a judge or jury will determine the outcome.

It’s a lengthy process, but it can be a necessary one if the insurer is unwilling to negotiate in good faith.

What If I Don’t Want to Go to Court?

Some injury victims are hesitant to pursue a claim because they’re anxious about the idea of going to trial. That’s completely understandable—but it shouldn’t stop you from pursuing the compensation you deserve.

When you work with an experienced personal injury attorney, your lawyer will handle all court filings, negotiations, and communications. Most of the time, you won’t be required to attend court unless the case proceeds to trial, which, again, is relatively rare.

Even if your case does reach that point, your lawyer will prepare you thoroughly, present the case on your behalf, and be with you every step of the way.

The Benefits of Being Trial-Ready

While you may prefer to avoid court, there’s great value in working with a law firm that’s prepared to take your case to trial if necessary. Insurance companies are more likely to offer fair settlements when they know your attorney has the skill and willingness to fight in court.

At Leandros A. Vrionedes, P.C., we approach every case with a trial-ready mindset. We prepare as though your case will go to court so that we’re in the strongest possible position—whether at the negotiating table or in front of a jury.

What You Can Do to Help Your Case

Although your lawyer will handle the heavy lifting, there are steps you can take to support your case and increase the chances of a favorable outcome—without going to court:

• Seek medical attention promptly and follow your doctor’s instructions
• Keep detailed records of your injuries, treatments, and expenses
• Avoid giving recorded statements to insurance companies without legal advice
• Don’t post about your accident or injuries on social media
• Stay in communication with your attorney and provide the requested documentation

These simple but important actions can strengthen your case and help your lawyer advocate for a fair settlement.

Talk to a New York Personal Injury Lawyer Today

If you’ve been injured in an accident in the Bronx, Brooklyn, Manhattan or Queens in New York City, or Nassau or Westchester County, don’t let fear of going to court stop you from seeking justice. Most cases settle without the need for a trial, and even if your case does go to court, you won’t be going through the process alone.

At Leandros A. Vrionedes, P.C., we’re here to guide you through every stage of your case—from insurance negotiations to courtroom advocacy if needed. We’ll fight to get you the compensation you deserve while doing everything we can to make the process as smooth and stress-free as possible. Contact us today for a free consultation.