Why You Would Rather Settle Your New York Personal Injury Case than Take it To Court

Written by
Abraham Jaros
Updated on Friday, Oct 20, 2023

Picture this. You slip and fall in a retail store in New York City. Which do you think you’d rather do? Take the case to trial, or settle?

When many of our clients walk into our office, they think what they want to do is sue. They’ve seen big lawsuit headlines with big payouts. “Settling" feels like caving in, or like walking away from money they could have had.

Yet as experienced NYC personal injury lawyers, we can tell them that settling is exactly what they want to do.

Settlements Are Predictable

Judges and juries are almost impossible to predict. There’s always the chance they won’t see things the way you see things. Things go wrong and weird in court all the time, even for the strongest cases.

So while you can walk away with far more money after a trial, you might walk away with nothing at all.

Meanwhile, settlements are pretty predictable. Both sides have a pretty good idea of what the case is probably worth. We can generate a “worst case" number and a “best case" number. The defense does the same. If we can get somewhere in the middle, in general, it’s a good deal for our clients.

Settlements Don’t Set Up Unrealistic Expectations

Sure, the jury just awarded someone over a million dollars. Did they get all that money?

Maybe. If the liability policy limits were high enough. If they had deep enough pockets to cover the difference.Every insurance policy comes with policy limits, and they won’t pay past them. So while you might get a big “feel good" number by risking trial, that doesn’t really reflect what’s going into your pockets.

A settlement will usually be within policy limits.

Settlements Don’t Get Appealed

Those big headlines don’t tell the entire story of a personal injury case. They don’t tell you that the defendant often appeals and gets the award reduced by a considerable margin.

While appeals can only happen, in general, if there was a mistake of law or new evidence has been uncovered that wouldn’t have been uncovered in the original case, they do happen often enough to be a concern.

Once a case is settled it’s settled and done. Both parties have agreed to the outcome and it won’t be opened again. That means you can get on with the business of getting on with your life.

Sometimes you still need a trial.

Sometimes insurance companies refuse to offer fair terms. Sometimes the issues of fact in the case are enough to cast doubt on liability, which means the company might choose to push it all the way to trial.

Your personal injury attorney will advise you if you are dealing with one of those cases.

You want someone who is prepared to litigate. Yet you also want an excellent negotiator who will try to keep you out of court while demanding that justice gets done. The balance isn’t always easy to achieve, but our law firm has managed it again and again.

Find out what we can do for you by contacting us with a free consultation.

Get the advice and guidance you and your family need

You do not have to go through this alone.

At Jaroslawicz & Jaros, we have over 40 years of experience helping accident victims in New York recover compensation. The clients we represent benefit from the personal attention of our knowledgeable and experienced attorneys.

We Have Recovered Over $2 Billion for Our Clients.

The attorneys at Jaroslawicz & Jaros have obtained verdicts and settlements of over $1 Million for hundreds of our individual clients. Since all New York personal injury law firms generally charge the same legal fee why not hire an experienced law firm with a proven track record?

When you retain the New York City accident lawyers at Jaroslawicz & Jaros, you will always work directly with your lawyer, and not with a paralegal or secretary. We will always be available to you! Our hundreds of positive client reviews and testimonials speak for themselves.

Experience and a track record of results

Contact the attorneys at Jaroslawicz & Jaros for a free legal consultation regarding your rights and your legal options. If we agree to handle your case, we will work on a contingency fee basis so that you don’t have to worry about any upfront costs.

Contact us today for a free consultation

Picture of Abraham Jaros

You can reach partner Abraham Jaros directly, either call his cell 917-842-9544, or email him at ajaros@lawjaros.com. Or call Jaroslawicz & Jaros at 212 227 2780 in New York, or toll free 800-269-2780, or submit an online questionnaire.