When you sue for damages after an accident, it’s likely that your personal injury case will be settled before you have to go to trial. This is not always how things work out though. Complicating factors can make it more likely that you’ll need to go to court, and you’ll want the advice of our Queens personal injury attorneys before you decide whether to settle or make your case in front of a judge and jury.
When Can Make a Personal Injury Case Go to Trial?
Few personal injury cases actually go to trial. When they do, it’s usually due to some of the following factors:
- Lack of evidence
- Dispute about fault
- The involvement of multiple parties
- Contradicting witness statements
- Disagreement over a settlement amount
- An insurer who will not negotiate in good faith
The more evidence that you have and the easier it is to convince people of your version of events, the easier it can be to reach a settlement.
What Can Happen When You Go to Trial?
When you go to trial, you have to make your case in front of a jury. The jury can consider your arguments and the defendant’s arguments, and then they make a decision. They could end up awarding you more than you were going to settle for. You could get less than you wanted to. You could also end up getting nothing.
This is why it is important to have an attorney who can advise you about the best path forward. We can tell you whether you should settle or if going to court might be a good idea. The decision will ultimately be yours though.
Will I Have to Testify?
You may have to. Hearing about your injuries from a doctor or expert medical witness is one thing, but sometimes a jury can empathize with an accident victim more when they tell their own story. We recommend keeping a journal about your symptoms and how your road to recovery has gone so far. Your lawyer can prep you for testimony and let you know what to expect.
How Long Do I Have to Sue For Personal Injury?
New York gives you three years to sue for damages after an accident. If you wait any longer than that, your case is likely to be thrown out. There are some exceptions to this statute of limitations, like if an accident victim was a minor, but we recommend acting as quickly as you can to ensure that you do not miss your chance to pursue compensation.
Contact Our Legal Team Today
Whether you got hurt in a fall or a car accident, our experienced lawyers are ready to help you with your case. So contact the Law Offices of George Poulos and ask to schedule a consultation today. We would like to hear more about your personal injury suit.
