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  • Writer's pictureLeitner Varughese Warywoda

Will My Car Accident Claim Go to Trial?


Although car accident victims are usually entitled to compensation—and the damages can certainly add up fast—many are reluctant to take action. When recovering from serious injuries, navigating complex legal proceedings is the last thing anyone should have to face. Thankfully, most car accident claims don’t actually go all the way to court.

If you can support your claim with sufficient evidence of both liability and losses, there’s a good chance it will be settled. As long as the insurance adjuster has reason to believe a judge will likely rule in your favor, they’ll be inclined to negotiate so they can maintain at least some control over the proceedings.

It’s important to keep in mind, however, that a small percentage of car accident victims are still forced to file formal lawsuits. If either of the following applies to your situation, you may end up being one of them:

1. Multiple Parties Were at Fault

When more than one party is responsible for a crash, the associated claims are inherently contentious. When trying to determine the role that each party claimed—and, subsequently, their percentage of liability—it’s not uncommon for disputes to arise. At the end of the day, assigning fault is a zero-sum game, and when parties place blame on others, they’re shifting it off themselves.

Unfortunately, if no one accepts their portion of responsibility, you may have no choice but to take all of them to court and let a judge decide.

2. The Damages Are Questionable

If the insurance adjuster doesn’t think your damages are backed by sufficient evidence, they’re not going to be motivated to settle. It’s also common for a carrier to acknowledge that a claimant did suffer losses but to undervalue the compensation they think the family deserves.

Whether the opposing party challenges the severity of your damages or refuses to accept that you incurred losses at all, you may have to file a formal lawsuit in order to seek the compensation you deserve.

How Long Do I Have to Take My Car Accident Claim to Court?

If you intend to take action following a car accident, it’s imperative to call a lawyer as soon as possible. Should you end up having to court, you’re going to have to commence the proceedings before the statute of limitations has passed.

In New York, most personal injury claimants have three years to file a lawsuit. There are several exceptions to this filing deadline, however, that can shorten it considerably.

Speak with a New York Car Accident Attorney

If you were hurt in a wreck through no fault of your own, you deserve justice, and our team at Leitner Varughese can help you pursue it. We have recovered more than $150 million for victims of personal injury and wrongful death in settlements and verdicts.

To schedule your free case review with a car accident lawyer in New York, call 855-585-2969 or complete our Contact Form. We counsel clients across New York City, Long Island, and the rest of the state.


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