Will I Have to Go to Court for My Personal Injury Case in New York City?

After being injured in an accident in New York City, one of the first questions clients ask is: “Will I have to go to court?” The truth is that most personal injury cases in NYC do not go to trial. According to the U.S. Department of Justice, only about 3% of personal injury lawsuits ever reach a courtroom. The overwhelming majority are resolved through settlement negotiations, mediation, or arbitration – without requiring you to appear before a judge or jury.

This means that, in most cases, you will not have to go to court to recover compensation. However, there are situations where litigation becomes necessary to protect your rights and ensure you receive fair compensation.

When You Probably Won’t Have to Go to Court

Most personal injury claims in New York are settled directly with the insurance company through negotiations handled by your attorney. In these cases, you may never have to step foot inside a courtroom.

A settlement can include compensation for:

• Medical bills and ongoing treatment
• Lost income and reduced earning capacity
• Pain and suffering
• Emotional distress
• Disability, scarring, or disfigurement

Typical settlement process in NYC:

1. Your attorney sends a demand letter to the insurer.
2. The insurance company responds, often with a counteroffer.
3. Negotiations continue until a fair settlement is reached.

This process is usually faster and less stressful than trial, saving time, costs, and uncertainty.

Alternative Options Before Trial: Mediation & Arbitration

If negotiations stall, many NYC cases are resolved through alternative dispute resolution (ADR):

• Mediation: A neutral mediator helps both sides reach a voluntary agreement.
• Arbitration: A neutral arbitrator issues a binding decision, which is faster but often final.

Both methods help avoid the stress of court while still providing a resolution.

When You Might Have to Go to Court

While rare, there are circumstances were going to court is necessary:

• The insurance company refuses to make a fair offer
• The defendant denies responsibility
• The injuries are severe and involve high damages
• Liability is disputed or complex
• The insurer delays or acts in bad faith

Even then, many cases settle during litigation before reaching trial. Filing a lawsuit doesn’t automatically mean you’ll go before a jury – it simply keeps your legal rights protected.

What to Expect If Your Case Does Go to Court

If your case proceeds to trial in New York City, the process may include:

1. Filing a complaint against the at-fault party
2. Discovery, where both sides exchange evidence and witness information
3. Motions, where lawyers ask the judge to decide preliminary issues
4. Settlement talks that continue throughout litigation
5. Trial, including jury selection, testimony, cross-examination, and closing arguments
6. Verdict, where a judge or jury decides fault and compensation

Pros and Cons of Going to Court

Benefits:

• Potential for higher compensation
• Public accountability for negligent defendants
• Establishing legal precedent

Drawbacks:

• Longer delays (trials may take years)
• Higher costs and stress
• No privacy (court records are public)
• Risk of receiving less – or nothing

Bottom Line: Will You Have to Go to Court?

For most accident victims in New York City, the answer is no. Most cases are resolved outside of court through settlements or mediation. But if the insurance company refuses to be fair – or if your injuries and damages are significant – trial may be the only way to secure justice.

The key is having a lawyer who prepares every case as if it will go to trial. That preparation not only increases your chances in court but also gives you leverage in settlement negotiations.

Why Choose Greenstein & Pittari?

• Harlem office plus six convenient locations across NYC and Long Island
• No fees unless we win – Our Fee Guarantee
• Bilingual legal services
• Hundreds of client testimonials
• Recognized by Best Lawyers and Super Lawyers
• We handle the insurers so you can focus on recovery

Don’t be a victim twice. Call 1-800-VICTIM2 (1-800-842-8462) for a free consultation.

At Greenstein & Pittari, LLP, we focus exclusively on personal injury law in New York City. Whether your case settles or goes to court, we are ready to fight for you every step of the way.