After a car accident, your primary goal is to receive full compensation for your injuries, property damage, and other losses. That compensation can come either through a negotiated insurance settlement or a jury verdict at trial. While most cases settle, you have the right to take your case to court. Here’s what Brooklyn accident victims should consider when deciding between settlement and trial.

Car Accident Settlements Are Typically Faster

Trials can take months—or even years—to reach a conclusion, depending on court schedules, procedural requirements, and case complexity. Settling with the insurance company usually allows you to receive compensation more quickly, although timing is not always entirely within your control.

When Might You Need to Go to Trial?

While settlement is the most common outcome, certain situations may make going to trial necessary:

  • The insurance company denies your claim entirely, disputing negligence.
  • The insurer assigns partial blame to you, reducing the amount they will pay.
  • The settlement offer is far below the amount needed to cover your damages, and the insurer refuses to increase it.

You Always Have a Right to Your Day in Court

Insurance companies have a financial incentive to settle for less than the full value of your claim. They may attempt to pressure you into accepting a lower settlement or delay negotiations to wear you down. You are under no obligation to accept these offers—you have the legal right to present your case to a jury, which can fully evaluate the merits of your claim.

Why Insurance Companies Want to Avoid Trials

Insurance companies are risk-averse and often prefer to settle rather than go to trial. Trials remove their control over the outcome and expose them to the possibility of a jury awarding more than what they would pay in a settlement. This potential risk often motivates insurers to increase their settlement offers before a case reaches court.

Risks of Going to Trial

Taking a case to trial carries certain risks:

  • There is no guarantee you will receive compensation.
  • You must prove negligence before a jury.
  • The jury could find that you were partially at fault, reducing or eliminating your damages.
  • In some cases, the outcome could be worse than a reasonable settlement offer.

Key Takeaways

  • Settlement vs. Trial: Most car accident claims settle, but victims always have the right to go to trial.
  • Speed vs. Potential Value: Settlements are usually faster, while trials can result in higher compensation—but with greater risk.
  • Insurance Tactics: Insurers may pressure you to settle for less than the full value of your claim; knowing your rights is critical.
  • Legal Representation Matters: Experienced car accident attorneys can negotiate settlements, evaluate trial risks, and advocate for full compensation.
  • Documentation Is Key: Early medical treatment and detailed records strengthen both settlement negotiations and trial outcomes.

Contact the Brooklyn Car Accident Lawyers at Rubenstein & Rynecki

If you have been injured in an accident, the Brooklyn car accident lawyers at Rubenstein & Rynecki can help. Call 718-522-1020 or fill out our online form to schedule a free consultation. Located in Brooklyn, we serve clients in New York City, including Brooklyn, The Bronx, Manhattan, Queens, and Staten Island.