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If I File a Personal Injury Claim, Will I Have to Go to Court?

If I File a Personal Injury Claim, Will I Have to Go to Court?Accident victims are often wary of taking legal action. When you’re recovering from serious injuries—or taking care of a loved one who is—you have enough to worry about without having to gather evidence, depose witnesses, file motions, and prepare statements.

Thankfully, most personal injury claims never make it to trial. While negotiating for an out-of-court settlement poses its own challenges, it demands considerably less time and money than the latter stages of litigation. What’s more, you and the defendant retain total control over the proceedings—and their outcome—because you’re not at the mercy of the court.

Despite the many advantages of settling, some cases do end up before a judge. As such, it’s wise to hire a seasoned trial attorney who can prepare your case for court if necessary. This will let the opposing party know you’re determined to see the case through to the end.

Whether your case goes to trial will depend on a variety of factors, some of which are beyond your control. After evaluating the situation, an experienced lawyer can propose a few strategies for increasing your chances of securing a satisfactory settlement.

Let’s take a look at some of the most effective ways to facilitate negotiations so you can keep your case out of court:

1. Taking Reasonable Measures to Mitigate Damages

If you’re partially to blame for the severity of your damages, the opposing party may not be inclined to offer a fair payout, or they may dispute liability altogether. As such, it’s important to take steps to mitigate damages in the wake of the accident. Examples include:

  • Seeking prompt medical care;
  • Following your doctor’s orders; and
  • Arranging for reasonably necessary—not extravagant—replacement services, like meal preparation, housekeeping, child care, pet care, and alternative transportation.

2. Presenting Strong Evidence of Liability

If you’re unable to demonstrate why the opposing party is responsible for your injuries, you probably won’t be able to convince them to settle. If, on the other hand, you present strong proof of their negligence or intentional wrongdoing and link it to the damages you’ve incurred, filing a formal lawsuit may not be necessary.

3. Documenting All Damages Diligently

In New York, personal injury claimants may recover both economic and non-economic damages, including healthcare expenses, lost wages, mental anguish, and loss of enjoyment in life. In order to include any such losses in the settlement negotiations, however, you must prove that you did, in fact, incur them.

Call 716-855-3761 to Discuss Your Case with a New York Personal Injury Lawyer

If you were hurt through no fault of your own, turn to LoTempio P.C. Law Group to determine the most strategic way to proceed. Our compassionate team has more than 200 years of combined experience in the legal field.

We can conduct a thorough investigation into your accident, interview witnesses, and help you pursue the maximum settlement or verdict. Call 716-855-3761 or use our Online Contact Form to set up a free consultation with a personal injury attorney in New York.


Jerry is a Freelance Marketing Director who manages this page and posts blogs on behalf of the Attorneys at LoTempio Law Firm. The information in these blogs come directly from the Firm's Attorneys.

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