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Personal injuries disrupt lives, causing physical pain and creating financial strain. If you suffered injuries due to someone else’s negligence in New York, you face an important decision: Should you pursue a settlement or take your case to trial? Understanding the key differences between these options can help you make the most appropriate choice for your situation.
Understanding Your Options
When pursuing compensation after an injury, you essentially have two paths:
- Settlement – A process where you reach an agreement with the responsible party or their insurance company without going to court
- Litigation – Taking your case through the formal court system, where a judge or jury decides the outcome
Most personal injury cases in New York are resolved through settlements, but litigation can be a viable option depending on your specific circumstances.
The Settlement Process
Settlements typically begin when your attorney submits a demand letter outlining your injuries, expenses, and requested compensation. The other party responds with an offer, and negotiations follow until both sides reach an agreement.
The key advantages of settling include:
- Faster Resolution – Settlements generally conclude within months rather than the years a trial might require.
- Lower Costs – You’ll avoid many court-related expenses and potentially lower attorney fees.
- Predictable Outcome – You maintain control over accepting or rejecting specific terms.
- Privacy – Details of your case remain confidential rather than becoming public record.
Settlements do have some drawbacks, including:
- Potentially Smaller Compensation – Insurance companies often offer less than what a sympathetic jury might award.
- Finality Without Recourse – Once you accept a settlement, you cannot seek additional compensation even if your condition worsens.
- Lack of Public Accountability – The responsible party avoids formal admission of wrongdoing.
The Litigation Process
Litigation involves filing a formal lawsuit, participating in discovery (gathering evidence), attending hearings, and potentially going through a full trial in which both sides present their case before a judge or jury.
Filing a lawsuit and pursuing your case in court can offer:
- Potentially More Significant Compensation – Juries sometimes award significantly higher amounts than insurance companies offer during settlement negotiations.
- Full Consideration of Your Case – The court thoroughly examines all evidence and arguments.
- Sense of Justice – Many injury victims find emotional closure through the formal acknowledgment of wrongdoing.
At the same time, a trial may present some downsides you’ll have to weigh when making your decision:
- Lengthy Process – Trials often take months, if not years, to conclude.
- Higher Stress Levels – Testifying and enduring cross-examination can be emotionally taxing.
- Unpredictable Outcomes – Even strong cases face uncertainty when placed in the hands of a jury.
- Greater Expenses – Court costs, expert witness fees, and other expenses add up quickly.
New York-Specific Considerations
New York’s comparative negligence laws allow you to recover compensation even if you were partially responsible for your injuries. However, your recovery decreases proportionally to your share of fault.
Additionally, New York’s no-fault insurance system applies to motor vehicle accidents. This system requires injury victims to first seek compensation through their own insurance, regardless of who caused the accident. You may only pursue litigation outside this system if your injuries meet the state’s “serious injury” threshold.
Making Your Decision
The best choice between settlement and litigation depends on several factors, including:
- The Severity of Your Injuries – More serious injuries often justify the time investment of litigation.
- The Strength of the Evidence – Strong evidence improves both settlement offers and trial outcomes.
- Financial Needs – Immediate financial pressures might favor settlement.
- Emotional Considerations – You must weigh your desire for formal accountability against your need for a quick resolution.
Contact Michael LoGiudice, LLP, Today
Choosing between litigation and settlement will be one of the most critical decisions you face in your personal injury case. An experienced New York personal injury attorney from Michael LoGiudice, LLP can evaluate your case, explain your options, and help you pursue the path most likely to result in fair compensation for your injuries. Call us today or contact us online for a free consultation.