After a car accident in NYC, many victims are faced with an important question – should you risk a trial or settle your case out of court? While a settlement is quicker and less stressful, it may not be a true reflection of all the damages you have suffered. On the other hand, while there is the possibility of getting higher compensation, the allure of a trial is dimmed by the need to invest significant resources and legal uncertainty. As your car accident lawyer in Manhattan, Gabriel Law believes that it is important for you to understand the pros and cons of going to trial. In this post, we will share our insights on when you should go to trial and when it’s best to settle out of court.
Compensation for Car Accident Injuries in New York
In New York, claiming compensation for car accident injuries is a layered process. First, you have your car accident insurance. When you are injured in an accident, your Personal Injury Protection (PIP) coverage allows you to claim compensation for medical expenses, lost income, and other connected expenses. Since it is a no-fault insurance, this compensation is almost certainly guaranteed. Under your PIP coverage, the highest you can claim is $50,000.
In addition to your PIP coverage, it is possible for you to claim compensation from the at-fault driver’s liability insurance. Alternatively, if the accident involved an uninsured or underinsured driver, your Uninsured Motorist (UM) coverage can be used to cover additional losses.
Second, we have the legal option. However, you are only allowed to file a personal injury lawsuit in a car accident when you have exhausted your insurance options. Plus, you have to show that either your basic economic damage exceeded $50,000 or you have suffered what New York Insurance Law calls a “serious injury” [Section 5102 (d)]. Even though there is no limit to what you can claim, a lawsuit is typically an option of last resort. In most cases, car accident victims reach settlements before they ever come to court.
Key Factors in Deciding to Settle or Go to Court
Deciding whether you should settle or go to court will depend on several key factors. They include:
- Severity of the injuries – the more serious your injuries, the more likely it is for you to receive higher compensation.
- Strength of the evidence – When you have strong evidence in your favour, the easier it will be for your accident lawyer in New York to build a strong and compelling case.
- Dispute on liability – When there is a dispute as to who is responsible for the accident, the court may be needed to settle the matter.
- Insurance company offer – If the settlement is a lowball offer, you may be compelled to negotiate for a better settlement or push to litigation.
- Time considerations – Court proceedings can take months, even years. If you’re looking for a quick resolution, you may need to settle.
- Privacy concerns – Court proceedings are public, while settlements are private. You have to decide whether you should prioritise privacy or compensation.
- Emotional toll – Trials can be stressful and take an emotional toll. On the other hand, settlements are quicker and comparatively less stressful.
Pros and Cons of Settling Out of Court
Settling out of court has its fair share of advantages and disadvantages. Let’s take a look:
Pros
- Faster resolution and quicker access to compensation
- Lower legal costs
- Less stressful and emotionally draining
- Private and confidential
- Greater control over the final outcome
Cons
- Potential for lower compensation
- No public accountability for the faulty party
- Limited discovery process
- No established legal precedent
Pros and Cons of Going to Court
If you decide to take the matter to court, you must weigh the potential advantages and drawbacks before you make the final decision.
Pros
- Chance of higher compensation
- Full and formal discovery process
- Chance to present a case to the jury
- Benefit of legal precedent
- Public record of proceedings
Cons
- Lengthy and time-consuming
- High legal costs
- Uncertain outcome
- Stress of testifying and recounting experiences in court
Conclusion
Choosing to go to court or settle out of court is not as straightforward as it might first seem. There are many factors you need to consider before making the final decision, and you will most certainly need the opinion of an experienced accident lawyer in Queens. If you are looking for a personal injury law firm that has your best interest at heart, then Gabriel Law is the firm for you.
When you bring your case to us, we will listen to you, take a look at the situation, and advise the best course of action moving forward. Whatever the process, we will be there with you every step of the way, helping you get the compensation you deserve. Contact us today and schedule your free and confidential consultation.