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Settlement vs. Trial

In a personal injury case, the ultimate goal for the plaintiff is to seek compensation and justice. When it comes to compensation, there are a number of avenues that the party can take to accomplish this goal. However, not everyone understands their options.

Although they both help to accomplish a similar goal, settlement and trial are two very different things. Not many people know which one is best for their needs and which ones can help them the most. Our New York personal injury attorneys explain the differences between the two and help plaintiffs work towards the best option for their individual situation.

What is a Settlement?

When it comes to a settlement, this is typically the initial offer from the defendant to pay the plaintiff in lieu of going to trial. This is often the first ploy by the defendant to keep a lawsuit out of the public spotlight and avoid what may likely be a higher payout to the victim.

Once the defendant has been served notice of the lawsuit, they may work to create a settlement they deem as a fair amount for the damages sustained. However, you must keep in mind that insurance companies are often looking after their own bottom line. As such, settlement offers are not always enough.

The settlement offer may be much lower than the amount the victim can receive should they take the defendant to trial and let the courts decide. Furthermore, it allows the defendant to hide their negligence from public spotlight.

How Does a Trial Work?

There are many aspects to a trial that allows it to be an avenue for victims to both compensation and justice. First, there is a discovery phase in which the facts of the case are determined and both sides can request specific information from the other to help build their case.

During trial, evidence is presented to help persuade the court to rule in favor of a specific party. For the plaintiff to be successful in trial, there must be four main things proven: there was a duty of care; the duty of care was breached; the breach led to an accident; the accident was the direct cause of injury.

Typically, if negligence is proven, trials result in verdicts that compensate the victim to the maximum amount, allowing them to move forward and afford costs associated with the injury such as medical bills and lost wages.

Having a New York Personal Injury Lawyer Helps

Far too often, individuals attempt to represent themselves or fail to take legal action because they feel as though they can’t afford a personal injury attorney. This isn’t the case. Many legal representatives, such as our New York personal injury attorneys, work on a contingency fee basis.

This means you can seek compensation without having to worry about out-of-pocket expenses and you only pay if and when your case is successful.

Levine and Wiss works to help victims move forward after a serious injury. Whether through settlement or trial, we are here to guide you every step of the way.

Call our firm today to discuss your potential case.