Will My Personal Injury Case Go to Trial?

Probably not. Most personal injury cases settle before trial, often after a lawsuit is filed and evidence is exchanged. Some cases do go to trial when fault or damages are genuinely disputed or the final offer is too low. In New York, a civil jury has six members, and five must agree on the verdict.

Many injured people worry about testifying in a courtroom. The good news is that most never have to. The less obvious point is that how a case is prepared for trial has a great deal to do with how a settlement is evaluated.

Most Cases Settle

Most personal injury cases settle before trial. Some settle with the insurance company before a lawsuit is ever filed. Others settle after the suit is filed, often following depositions, medical examinations, or mediation. A settlement can happen at almost any stage, even after a trial has started.

Why Preparing for Trial Leads to Better Settlements

Insurance companies set settlement values partly by judging the risk of losing at trial. A case with organized medical records, credible witnesses, supporting medical opinions, and a lawyer ready to try it can carry more risk for the insurer, and that risk can show up in the offer. That is why a case should be built from the start as if it will be tried, even though it probably will not be.

Why Some Cases Do Go to Trial

Fault is genuinely disputed, for example when drivers give conflicting accounts of who had the light.
The insurer disputes whether the accident caused your injuries, or whether a car case meets New York’s serious injury threshold.
The final offer is too far below what the claim appears to be worth.
The insurance limits, the number of parties, or the legal issues make compromise difficult.

Whether to accept a settlement or go to trial is always your decision, made with your lawyer’s advice.

What a Civil Trial Looks Like in Albany County

Personal injury lawsuits for serious injuries in Albany County are usually filed in Albany County Supreme Court. The typical path looks like this:

Pleadings: the complaint and the defendant’s answer.
Discovery: exchange of records, depositions (sworn questioning outside court), and independent medical examinations by doctors the defense chooses.
Note of issue: a filing certifying that the case is ready for trial.
Mediation or settlement conferences, which the court often requires.
Trial: jury selection, testimony, and a verdict. New York civil juries have six members (CPLR § 4104), and a verdict requires the agreement of five of the six (CPLR § 4113).

Your Deadlines Still Apply

Settlement talks do not stop the clock. In New York, most personal injury lawsuits must be filed within 3 years (CPLR § 214). A claim against a city, county, or other municipality requires a notice of claim within 90 days (General Municipal Law § 50-e), followed by a shorter deadline to sue than the usual 3 years. Missing either deadline can end a case regardless of its merits.

How Seraj Law Can Help

Learn how long a car accident settlement takes and how much a personal injury lawyer costs, or contact us to ask about a free consultation.

Personal injury matters are handled on a contingency-fee basis under a written retainer agreement: no attorney fee is charged if there is no recovery. You may still be responsible for court costs and case expenses, and the retainer agreement states whether those are deducted before or after the fee is calculated.