If you’ve been injured in an accident or are considering a lawsuit for employment discrimination in New York, you might be wondering: Will my case go to trial, or will it settle beforehand? You’re not alone—this is one of the most common questions we hear from potential clients.
Hi, I’m Scott Peterson, a plaintiff’s litigation attorney based in Saratoga Springs, New York. Today, I want to help you understand how personal injury and employment discrimination cases typically move through the legal process here in New York—and what you can expect when it comes to settling versus going to trial.
Do Most Personal Injury Cases in New York Go to Trial?
The short answer? No, most personal injury and employment cases do not go to trial. In fact, the majority of cases settle outside of court or are dismissed for legal reasons. However, that doesn’t mean your case won’t go to trial—or that you should assume a quick settlement is guaranteed.
We Prepare Every Case Like It’s Going to Trial
At our firm, we treat every case with the level of care and preparation it deserves. That means preparing as if we’ll present your case in front of a judge or jury, even if it ultimately settles. Here’s why:
- We don’t make promises we can’t keep. If a lawyer guarantees you that your case won’t go to trial, that’s a red flag.
- Some cases have to go to trial because the other side refuses to offer a fair settlement—or refuses to settle at all.
- Trial-ready cases often settle for more. Insurance companies and opposing counsel know when a firm is willing to go the distance—and that can increase your negotiating power.
Will Your New York Case Automatically Settle?
Unfortunately, there are no guarantees in personal injury law. Just because most cases settle doesn’t mean yours will—or that the settlement will meet your expectations. It’s important to work with a lawyer who understands New York law and is willing to fight for your best interests.
Choose a Law Firm That’s Willing to Go to Court
Not all law firms try cases. In fact, many prefer to settle quickly and move on. That might be fine for some clients—but it’s not our approach. We don’t take cases we’re not willing to bring to trial. If it’s in your best interest to settle early, we’ll help make that happen. But if a trial is the best path to justice, we’re ready to fight for you.
What to Do If You Think You Have a Case
If you believe you have a valid personal injury or employment discrimination claim in New York, the first step is to talk to an experienced trial attorney. We offer free consultations to help you understand your options.
Whether your case settles quickly or ends up in court, we’ll walk you through every step—so you can make an informed decision with confidence.
📞 Contact us today to discuss your case. We’re happy to listen and let you know how we can help.