Settle or Litigate: What is the Best Approach for Your New York Personal Injury Case?
- Brett Leitner
- Nov 14
- 3 min read
By Brett Leitner, Esq. — Leitner Warywoda PLLC | November 14, 2025
Facing a personal injury in New York raises a critical question: should you settle your case or take it to court? This decision shapes your path to recovery, financial compensation, and peace of mind. While most New York personal injury claims resolve through settlement, understanding the benefits and risks of both options helps you make an informed choice tailored to your situation.
Why Settling Your Personal Injury Case Can Be the Right Choice
Settling means agreeing on compensation with the insurance company or opposing party without a trial. In New York, over 95% of personal injury cases end this way. Here are key reasons why settlement often makes sense:
Speed and Certainty
Trials can take months or years to conclude. Settlements provide quicker resolution, allowing you to access funds sooner and avoid prolonged stress.
Lower Costs
Litigation involves court fees, expert witnesses, and attorney time. Settling reduces these expenses, meaning more of your compensation stays in your pocket.
Control Over Outcome
With settlement, you negotiate terms directly. Trials leave decisions to juries, which can be unpredictable.
Privacy
Settlements often include confidentiality agreements. Trials are public, exposing details of your injury and personal life.
For example, a client injured in a New York City slip and fall accepted a settlement offer within six months, covering medical bills and lost wages. This avoided the uncertainty of a trial and allowed them to focus on recovery.
When Going to Trial Might Be Necessary
Although settlement is common, some cases benefit from litigation. Taking your case to court can be the best option when:
Insurance Offers Are Unfair
If the insurer undervalues your claim or denies liability, a trial can pressure them to offer fair compensation.
Liability Is Disputed
When fault is unclear, a jury can weigh evidence and decide responsibility.
Potential for Higher Awards
Juries sometimes award larger damages than settlements, especially in cases involving severe injuries or negligence.
Principle and Accountability Matter
Some plaintiffs want to hold the defendant publicly accountable, which a trial can achieve.
Consider a New York car accident case where the defendant’s insurer refused to admit fault despite clear evidence. The plaintiff chose trial and won a jury verdict that covered future medical care and pain and suffering, exceeding prior settlement offers.
Key Factors to Weigh Before Deciding
Choosing between settlement and trial depends on several factors:
Strength of Your Case
Solid evidence and expert testimony increase chances of success at trial.
Severity of Injuries
More serious injuries may justify the risk of trial for higher compensation.
Financial Needs
Immediate funds might favor settlement, while long-term care needs could support litigation.
Emotional Readiness
Trials are stressful and public. Consider your comfort with this process.
Legal Costs
Discuss with your attorney how fees and expenses will affect your net recovery.
How Experienced Attorneys Help Navigate This Decision
Trial-tested lawyers like those at Leitner Warywoda PLLC guide clients through the complexities of personal injury negotiation and litigation. They:
Evaluate case strengths and weaknesses
Estimate potential settlement values and jury verdicts
Negotiate aggressively with insurers
Prepare for trial if needed, ensuring thorough presentation of evidence
Advise on timing and strategy tailored to your goals
Their experience with New York courts and jury tendencies provides insight into what approach maximizes your recovery.
Practical Tips for New Yorkers Facing This Choice
Gather All Medical Records and Bills
Documentation strengthens your position whether settling or going to trial.
Keep a Detailed Injury Journal
Note pain levels, treatments, and how injuries affect daily life.
Consult a Personal Injury Attorney Early
Early legal advice helps set realistic expectations and strategy.
Don’t Rush to Accept the First Offer
Insurers often start with low offers. Negotiation can improve outcomes.
Understand the Timeline
Settlements resolve faster but may be lower. Trials take longer but can yield more.
Choosing between settling or litigating your New York personal injury case is a major decision with lasting consequences. Settlements offer speed, certainty, and lower costs, while trials provide a chance for higher awards and public accountability. By carefully weighing your case details, financial needs, and emotional readiness—and working with experienced attorneys—you can select the path that best supports your recovery and future.
