Do You Need to Go to Court for a Personal Injury Claim?

Suffering an injury due to someone else’s negligence is often overwhelming. From physical pain and medical expenses to missed work and emotional distress, the consequences can be challenging to manage alone. One of the most common concerns people have after an accident is whether they’ll have to go to court to pursue compensation. Fortunately, most personal injury claims are resolved outside of court. At Levitsky Law Firm, we work closely with clients throughout Brooklyn and New York City to resolve cases as efficiently as possible while preparing for trial when necessary.

Most Cases Are Settled, Not Tried

The majority of personal injury cases are resolved outside of court. In fact, research from the U.S. Department of Justice shows that over 90 percent of these claims settle during the pretrial process. Settlement is often preferred because it is faster, less expensive, and less emotionally taxing than a trial. The process typically begins with filing a claim against the responsible party’s insurance provider and negotiating a fair settlement based on documented evidence.

Having a personal injury attorney to guide this process is critical. Insurance companies often attempt to undervalue claims, and an attorney ensures that your medical costs, lost income, and pain and suffering are fully accounted for before any agreement is reached. Our firm works hard to secure favorable outcomes early, but we also prepare every case with the potential for litigation in mind.

When Is Going to Court Necessary?

There are instances when settlement is not possible. If the insurer denies liability, questions the extent of your injuries, or refuses to make a reasonable offer, going to court may become necessary. Filing a lawsuit demonstrates that you are serious about protecting your rights and may pressure the other side into negotiating more fairly.

A personal injury lawyer is instrumental during this phase. From filing legal documents to collecting witness statements and working with medical professionals, your attorney lays the groundwork for a compelling case. Even if the matter does not go to trial, this level of preparation strengthens your position in settlement talks and ensures that you are not taken advantage of.

Timeline and Expectations

The length of a personal injury claim depends on the severity of injuries, the clarity of liability, and the willingness of the parties to cooperate. Some claims are settled within a matter of months, while others may take a year or more. In New York, the statute of limitations for personal injury claims is generally three years from the date of the accident, so timing is essential.

Working with a personal injury attorney helps keep your case on track and ensures that it is handled effectively. Your attorney will manage all filings, preserve key evidence, and ensure that no deadlines are missed. Taking early action also allows time for medical assessments to capture the long-term effects of your injury fully. If you’re unsure where to begin, reach out through our contact page to schedule a consultation.

What Happens If a Trial Occurs?

If a case proceeds to trial, it will begin with a complaint filed in civil court. Discovery follows, during which both parties exchange information and evidence. There may also be pretrial motions, depositions, and settlement conferences along the way. If a settlement is not reached, the case will be presented before a judge or jury.

Although trials can be unpredictable, they provide a chance to hold negligent parties accountable publicly. At Levitsky Law Firm, we prepare each case as if it will be tried. That approach gives our clients peace of mind, knowing that we are ready for every possibility.

To hear from past clients who’ve gone through similar legal processes, visit our testimonials page.

The Value of Legal Guidance

You do not need to wait for a legal battle to benefit from having a lawyer on your side. Insurance companies have entire teams protecting their bottom line. Without experienced legal counsel, you may be pressured into accepting a settlement that fails to address your long-term needs.

A personal injury lawyer can provide a complete evaluation of your damages. This may include compensation for ongoing medical care, rehabilitation, diminished earning capacity, emotional distress, and pain and suffering. Your attorney also handles all negotiations and paperwork, allowing you to focus on healing rather than administrative tasks.

To see examples of successful resolutions, explore our results page.

Why Some Claims Are More Complex

No two personal injury claims are identical. Some involve straightforward liability and quick recovery, while others require extended medical evaluations, expert consultations, or accident reconstruction. Regardless of the challenges, every injury should be treated seriously, and every client deserves thoughtful legal representation.

At Levitsky Law Firm, we serve individuals throughout Brooklyn who have been harmed in car accidents, construction site injuries, slip and falls, and other incidents involving negligence. Our team provides personalized support tailored to your specific situation, helping you move forward with confidence.

Protect What Matters Most

You may not need to go to court to receive compensation for your injuries, but you do need strong legal support to ensure your interests are protected. Levitsky Law Firm works diligently to hold negligent parties accountable and achieve fair outcomes. From start to finish, we focus on building a strategy that supports your health, finances, and long-term well-being. If a trial becomes necessary, our firm is fully prepared to advocate for you in the courtroom. Contact us today to schedule your consultation and take the first step toward recovery.