If you or a loved one has been injured in an accident in New York, you may be wondering what happens next. How long will it take to resolve your case? Will there be a trial, like on TV, or is everything handled quietly behind the scenes?
The truth is, personal injury cases in New York can be resolved in several different ways—and the process can vary depending on the specifics of your situation.
Common Ways Personal Injury Cases Are Resolved
In most cases, a personal injury claim is resolved through a settlement, not a trial. This means that both sides agree on a financial amount to resolve the case without having to go to court. A settlement can happen at any point in the legal process—even before a lawsuit is officially filed.
That said, not all cases settle quickly, and not all cases settle at all. Some cases go to trial, and others may be dismissed if there is not enough evidence to support the claim.
When Can a Case Settle?
A case can potentially settle:
- Soon after the injury, especially if the injuries are straightforward, like a broken bone that heals completely.
- Months or even years later, if the injuries are more severe or unpredictable—such as traumatic brain injuries or chronic pain that requires ongoing treatment.
- After a lawsuit has been filed, during the discovery phase (where evidence is exchanged), or at mediation (a structured settlement discussion).
- Right before or even during a trial, if both sides decide they’d rather not leave the outcome up to a jury.
Why Do Most Personal Injury Cases Settle?
Settlements remove risk for both sides. For the injured person, it means avoiding the possibility of losing in court. For the insurance company or the person responsible for the accident, it means avoiding the possibility of having to pay a much larger amount if they lose at trial.
What If the Insurance Company Denies Responsibility?
If the other party or their insurance company denies fault—or claims you were partially responsible—the case may take longer and is more likely to go to trial. In New York, even if you’re found partially at fault, you can still recover damages, but your compensation may be reduced based on your percentage of fault.
What You Should Do If You’re Hurt in New York
If you’ve been injured in New York—whether it was in a car accident, a slip and fall, or another type of incident—it’s important to consult with a qualified New York personal injury attorney as soon as possible. An experienced lawyer can evaluate your case, explain your rights, and guide you through the process of filing a claim or lawsuit if necessary.
Remember: Every case is different, and how or when your case is resolved will depend on the facts, the severity of your injuries, and how the other side responds.
If you have questions about how your personal injury case might be resolved or want to understand your options, don’t hesitate to reach out to us for a free consultation. We’re here to help you every step of the way.