If you’ve been injured on Long Island, you’re probably wondering whether your personal injury claim will end up in court. Many clients I speak with express anxiety at the thought of standing before a judge or jury. So let’s clear up some common misconceptions and shed some light on what might determine if your case goes to trial.
In reality, most personal injury cases in Long Island—and indeed, across the country—do not make it to trial.
Approximately 95% of these cases settle before reaching the courtroom. Why? Primarily because trials are costly, time-consuming, and carry inherent uncertainty for both sides involved.
However, that doesn’t necessarily mean your specific case won’t require litigation. Several factors can influence whether settling is possible or if a trial becomes necessary.
One of the most common reasons personal injury cases go to trial is when there’s disagreement over who was at fault. For example, car accidents with conflicting witness statements or slip-and-fall incidents where property conditions are in dispute can complicate settlement negotiations. When fault isn’t clearly established, insurance companies are more likely to push back, increasing the chances of a trial.
Insurance companies often downplay the extent or seriousness of injuries to reduce settlement amounts. If your injuries are severe or have long-term implications, insurers might refuse to meet your attorney’s valuation. This gap can push your case toward litigation.
Sometimes insurance companies intentionally present low settlement offers, betting you’ll accept out of financial pressure or impatience. Having a personal injury trial attorney can help counter these tactics, but if insurers refuse to negotiate in good faith, proceeding to trial may become necessary.
Claims involving substantial financial compensation, permanent injuries, or complex liability issues are more prone to litigation. The larger the potential payout, the more likely insurers will challenge your claim vigorously, necessitating a trial to reach a fair outcome.
Going to trial isn’t always something to fear—sometimes it’s precisely the right move. Here’s a balanced look at the pros and cons:
Advantages:
Disadvantages:
Whether or not your case ends up in court, having an attorney prepared for trial from day one significantly strengthens your position. Insurance companies are more likely to offer fair settlements when facing attorneys known for their trial capabilities. An attorney who regularly litigates can reassure you, guide you confidently through the process, and provide strategic counsel tailored to your specific case.
If your personal injury case does reach the courtroom, here’s a general overview of what to expect:
Though some cases inevitably require trial, working with an experienced Long Island personal injury attorney significantly improves your odds of settling out of court. Experienced attorneys can effectively negotiate and mediate disputes, clearly demonstrate liability and injury severity, and put strategic pressure on insurance companies to reach favorable agreements.
At Palermo Law, we focus on preparing every case as though it will reach trial—even if it doesn’t. Our approach ensures your claim is handled meticulously, increasing the likelihood of securing a fair settlement without needing to step into the courtroom. However, if a trial becomes necessary, our extensive trial experience ensures you’ll receive confident, determined representation every step of the way.
If you’ve been injured on Long Island and want honest, clear guidance about whether your case could go to trial, Palermo Law is here to help. Contact us for a free, no-pressure consultation and let our experienced team answer your questions, ease your concerns, and provide a clear path toward justice and fair compensation.