What Happens If My Case Goes to Trial?

Most personal injury cases settle before trial—but some don’t. If negotiations fail or the insurance company refuses to make a fair offer, taking your case to court may be the best way to get the compensation you deserve.

Here’s what to expect if your personal injury case goes to trial in New York.

Why Do Cases Go to Trial?

A case typically proceeds to trial when:

• The insurance company denies liability
• There’s a major dispute over damages
• Settlement offers are too low
• Critical facts are contested and need to be decided by a jury

A trial gives you the opportunity to present your evidence in court and let a judge or jury decide the outcome.

The Personal Injury Trial Process

1. Jury Selection (Voir Dire)

• Both sides help select a jury
• Jurors are questioned to ensure fairness and impartiality

2. Opening Statements

• Each attorney outlines their side of the case
• This sets the stage for the evidence to come

3. Presentation of Evidence

• Witnesses (including you, doctors, and experts) testify
• Documents, photos, medical records, and videos are introduced
• Both sides cross-examine each other’s witnesses

4. Closing Arguments

• Each lawyer summarizes the case and urges the jury to rule in their favor

5. Jury Deliberation and Verdict

• The jury discusses the case privately
• They decide who is at fault and what compensation (if any) should be awarded

What Can Be Awarded at Trial?

If the jury rules in your favor, they may award damages for:

• Medical expenses (past and future)
• Lost income and reduced earning capacity
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• In rare cases, punitive damages

How Long Does a Trial Take?

A personal injury trial can last a few days to several weeks, depending on the complexity of the case. However, preparing for trial (gathering evidence, depositions, etc.) can take months or even over a year.

Is Going to Trial Risky?

Yes, trials carry some uncertainty—but they can also result in larger awards than what insurance companies offer in settlement.

That’s why your attorney will carefully weigh the pros and cons with you before proceeding.

Can I Still Settle Before or During Trial?

Absolutely. Many cases settle at the last minute, even after a trial has begun. Sometimes, the pressure of trial leads the other side to make a better offer.

Be Ready—Just in Case

While most cases settle, you should work with a lawyer who’s fully prepared to go to trial if needed. Insurance companies know which lawyers settle quickly—and which ones will fight for maximum compensation.

Is your case heading to trial? Let us prepare and protect you.
Contact the Personal Injury Law Firm of Figeroux & Associates

Schedule a free consultation today!

Call 855-768-8845

Visit www.askthelawyer.us