Is It Worth Taking a Car Accident Case to Court?

Following a serious car accident, one of the biggest things a victim needs to consider is whether they should settle with the at-fault driver's insurance company or take the case to court. For many people, thinking about filing a lawsuit is overwhelming. Court cases take time, cost money, and require patience. However, in some situations, going to court is the only way to get a fair car accident settlement.

For people on Long Island, understanding when it's worth taking a car accident case to court can help to ensure that knowledgeable decisions are made. Is it worth taking a car accident case to court? Every situation is different, and there are several factors that determine whether or not pursuing a court case is the best move.

Settling vs. Going to Court: What’s the Difference in an Auto Accident Case?

Before car accident victims decide whether or not to take a car accident to court, it can be helpful to understand the basics between what it means when car accident cases settle and what ti means to take the case to court.

To settle the case, it means to reach an agreement with the at-fault driver's insurance company before they file a lawsuit or go to court. Most car accident cases end this way.

Taking a case to court means that you are filing a lawsuit and let a judge or jury decide who is at fault and how much most is awarded.

In most cases, an experienced car accident lawyer begins by negotiating directly with the insurance company. Only when the insurer refuses to offer a fair settlement does court become necessary. They can also consult on questions such as Is it worth suing the other driver for property damage?

Why Most Car Accident Claims and Car Accident Cases Settle

It's fairly commonly known that many car accident victims never take their cases to court. In fact, statistics show that more than 90% of claims settle before the case goes to court. There are a number of reasons for this:

First, settlement negotiations are faster. The litigation process can take several months or years, while a settlement agreement can be done in weeks.

There are also legal costs to consider. Court costs can be very high. Not only do you have the regular court fees to consider, but you also have to consider the costs for expert witnesses, depositions, and the preparation time for the legal team.

Going to court can also be emotional, especially for victims who have serious injuries, those who have had to go through extensive medical treatment, or mental conditions like PTSD. Court proceedings can bring all of this back up.

Finally, a settlement agreement will guarantee payment, but in court, the outcome is not certain.

Though settlements are the easiest option, and the vast majority of people do that, it's not always fair. Insurance companies are known for offering low settlement offers hoping that the victim will accept less than what they really deserve.

When Taking a Car Accident Case to Court May Be Worth It

While settling does make sense in most cases, a personal injury lawsuit that goes to court might be the only way to seek compensation that is fair and to get the justice you deserve. Moreover, these car accident law firms in Long Island may be able to advise on such cases. Here are some cases when it's worth taking a car accident case to court and seeing it through the legal process:

1. The Insurance Company Refuses to Offer a Fair Settlement

The most common reason people go to court is because the insurance company will not pay what the claim is really worth. The goal of insurance adjusters is to make money for the company, not pay out money to victims. So, they will offer as little as possible as a settlement.

If the insurance company refuses to cover things like catastrophic injuries, long-term, extensive medical care, care for those with a permanent disability, etc, filing a lawsuit might be the only way to get compensation.

2. Liability Is Disputed

Sometimes in personal injury cases, the at-fault driver will deny responsibility, or their insurance company will argue that all involved parties share fault. New York has a comparative negligence system, which means that you can still recover compensation if you were partially at fault, but the amount is reduced by the percentage of fault.

When there is a dispute over who is at fault, legal action is often required. In this case, the case will go through the court process, and the jury awards the compensation based on the evidence presented to them.

3. Severe or Permanent Injuries Are Involved

In cases where physical injuries were extremely serious, and medical expenses were very high, these cases might not be settled in a way that is appropriate. In this case, the victim will often take the at-fault party to court. A trial gives the injured party the chance to present medical evidence, expert testimony, and proof of future expenses to ensure appropriate compensation.

4. There Is Evidence of Gross Negligence or Recklessness

In some cases, you might also be able to add punitive damages to a settlement. However, insurance companies rarely settle cases that involve punitive damages, so filing suit and taking the at-fault driver to court might be the only way to get a fair payout.

5. Multiple Parties Are Involved

Accidents involving commercial vehicles, rideshares, or multiple drivers often require court intervention because liability is shared among several parties. A lawsuit allows all responsible parties to be brought before the court and held accountable.

The Benefits of Going to Court Instead of a Car Accident Settlement

Although a trial will take longer and require more effort, they can also offer advantages:

1. Full and Fair Compensation

A court will consider the impact of the accident. This includes pain and suffering, mental distress, loss of future earnings, and long-term care costs.

2. Accountability

Taking a negligent driver to court will send a very clear message that reckless behavior has consequences. This can help prevent similar accidents in the future.

3. Transparency

Unlike a private settlement, a trial is placed on public record. This means that there is a sense of justice and closure for victims and their families.

4. Legal Protection

When a case goes to court, the victim's attorney gains full access to the discovery process. This means that evidence like medical records, accident reconstruction reports, and witness statements can be requested and kept.

The Risks of Going to Court

There are benefits to taking a case to court, but there are also risks. These include:

• Unpredictable verdicts: A judge or jury might award less than expected — or even rule against the plaintiff.

• Higher legal fees: Litigation requires more time and resources, though many personal injury attorneys (including the Law Office of Carl Maltese) work on a contingency fee basis.

• Longer timelines: Some trials take over a year to reach resolution, depending on the court’s schedule.

• Emotional strain: Reliving the accident during testimony can be emotionally taxing for victims and their families.

These risks should always be weighed against the potential benefits before moving forward.

The Role of a Car Accident Lawyer

Choosing whether or not you should take a case to court is not a decisions you should make along. A car accident attorney can take a look at the full picture, including medical bills, lost wages, the accident scene, witness testimony, and all the evidence that is available, and then determine if taking the case to court is the right move.

The Law Office of Carl Maltese often represent clients on Long Island who are facing this decision. As an experienced attorney, Carl Maltese understands when it's in his client's best interest to go to court, or if, after he gathers evidence, it's best to settle. The can also explain questions like Is it worth accepting the first settlement offer?

When court is the best option, the firm will be fully prepared to present strong evidence, challenge the defense, and pursue maximum compensation at trial. The goal, of course, is to get the most successful outcome.

How Long Island Courts Handle Car Accident Lawsuits

On Long Island, car accident lawsuits are generally filed in either Nassau County or Suffolk County Supreme Court, depending on where the crash occurred. These courts handle a large number of motor vehicle cases each year.

Many are resolved during the pre-trial stage through mediation or arbitration. However, when insurance companies dig in their heels, the case proceeds to trial, where a local jury decides the outcome.

Working with a Long Island-based law firm is an advantage because local attorneys understand how regional courts operate — including the tendencies of judges and defense counsel in the area.

Contact the Law Office of Carl Maltese for a free consultation is you have been in a car accident on Long Island, and you need help pursuing a settlement or going to court.