Principal Attorney
One of the most common concerns for individuals involved in a car accident is whether their case will be settled or inevitably end up in court. As a New York attorney with experience in handling car accident claims, I understand the apprehension surrounding legal proceedings. In this blog post, I’ll cover the factors that play a significant role in determining whether a car accident case will proceed to court or find resolution through a settlement. Our goal is to maximize recovery while avoiding our clients’ unnecessary time and expense in long court proceedings.
Factors Influencing the Course of a Car Accident Case
Several factors help to determine whether your car accident case will be settled outside of court or go to trial. These factors include the following:
- Evidence Strength: The strength of the evidence plays a significant role in the decision to go to court. That is why we aggressively amass all of the available favorable evidence at the onset of the case, including accident reports,statements, photos and video.
- Liability Determination: The issue of liability—establishing who is at fault—is a key factor. If liability is clear and undisputed, it will increase the likelihood of a favorable settlement. We can often employ expedited procedures such as summary judgment, cutting litigation time down to a fraction, while maintaining our demand at full value.
- Insurance Coverage: Insurance coverage is a practical consideration. If the at-fault party’s insurance coverage is sufficient to cover your damages, an early settlement may be more likely. We can also leverage our own client’s policy for supplemental coverages.
- Willingness to Negotiate: The willingness of both parties to negotiate and reach a fair settlement is a pivotal factor. We are trained in the art of negotiation and well-practiced in alternative to litigation such as arbitration and mediation, which allow us to short cut the litigation process, while maintaining control of the outcome.
- Time and Costs: Court proceedings involve time and costs. Parties on both sides are well advised to choose to settle to avoid the lengthy process and expenses associated with litigation. We will never sell a case short, but we are always mindful of our client’s time and expense.
- Negotiation Dynamics: The dynamics of negotiations with the opposing party and their legal representation are critical. If both sides are amenable to a reasonable resolution, a settlement is more likely. While this is the goal, we always keep the pressure on the defendant by moving the case forward, strengthening our negotiating position.
The decision of whether a car accident case will go to court is influenced by a combination of factors unique to each situation. As your attorney, my goal is to guide my clients through this process, as quickly and efficiently as possible while ensuring maximum recovery.
The Attorneys at Civardi & Obiol Help Those in New York Who Have Been Injured in a Car Accident
If you or a loved one has been injured in a car accident, it’s crucial to understand your rights and the potential legal remedies available to you. A knowledgeable and experienced car accident lawyer can advocate for justice and to hold those responsible accountable.
At Civardi & Obiol, our qualified New York personal injury attorneys will help to walk you through the process every step of the way. We will fight for your rights. To learn more or schedule a free consultation, contact us today!