Will my personal injury case go to trial?
Quick answer
Probably not. Roughly 95% of personal injury cases in New York settle before a verdict, and that's usually the right outcome. Trials take four to six years in NYC courts, jury verdicts get appealed and reduced, and a negotiated settlement is paid. The right strategy depends on the case, the venue, and the offer.
Detailed explanation
Trials are slow. A case that settles at private mediation might wrap up in 18 to 30 months from filing. The same case taken through trial in New York City often takes four to six years, sometimes longer in certain venues. If you need money for medical bills, lost wages, or upcoming surgery, four years is a long time to wait.
Trials are uncertain. Twelve strangers sit in a jury box and make decisions about facts they didn't see and people they don't know. Even strong cases carry trial risk: a jury might come back with a fraction of the case's value, or with nothing. I've tried cases I should have lost and won them. I've tried cases I should have won and watched the jury return a number well below what the case was worth.
Trials get appealed. If you win a $3 million verdict, the defense almost always appeals. The Appellate Division can reduce the verdict (called a remittitur), order a new trial, or in rare cases reverse it entirely. A negotiated settlement is paid. A jury verdict is the start of another year of fighting.
Settlement is not surrender. It's a calculation about timing, certainty, and the realistic range of trial outcomes weighed against the offer in front of you.
What this means for you
The right strategy isn't always settle or always try. It's reading the room: how the defense is positioned, what venue you're in (Brooklyn juries are different from Richmond County juries; Bronx juries are different from Queens juries), what your case looks like on paper, what experts you have lined up, and what you actually want. That conversation should happen between you and your lawyer before any number gets accepted or rejected.
I take cases to trial when the defense's offer is unreasonable, when liability is clear and they're refusing to pay enough, or when the client genuinely wants their day in court and we've done the math on the risks together. I settle cases when the offer reflects fair value and the trial risk doesn't justify the wait.
The cases that settle for the most are usually the ones where the defense knows we will try them. A lawyer who never goes to trial is easy to lowball. A lawyer who does, and has the case built to support it, gets serious offers earlier.
There's a related question that matters as much as settle-vs-try: where in the process do you settle? Some cases settle at the first 90-day demand. Some settle after summary judgment is granted. Some settle the morning of jury selection. Each of those settlement points usually carries a different number, because the leverage shifts as the case develops. The strategic decision isn't just whether to settle, it's when.
Related FAQ
- How does mediation with a former judge actually work?, where most large New York cases get resolved
- What is summary judgment and why does it matter?, the motion that often makes settlement happen
- What's the difference between special damages and pain and suffering?, the math behind any settlement number
When to talk to a lawyer
You don't need to know whether your case will settle or try. That's part of what a personal injury lawyer figures out as the case develops. What you do need is a lawyer who is willing to try the case if the number isn't right, and who has done it before. A lawyer who treats every case as a settlement waiting to happen ends up taking lowball offers.
The first conversation isn't about whether to go to trial. It's about whether there's a case worth pursuing in the first place, and what the realistic outcome ranges look like. If there isn't, I'll tell you.
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Attorney Advertising. Prior results do not guarantee a similar outcome. Every case is different. This page is general legal education and does not create an attorney-client relationship.