How Often Do Car Accident Claims Go to Court in Long Island?

How Often Do Car Accident Claims Go to Court in Long Island?

Very few car accident claims on Long Island—and across the country—ever go to court, as the vast majority are resolved through out-of-court settlements. If the thought of testifying before a judge and jury is a source of stress after your accident, this fact may offer significant peace of mind. 

However, the process of recovering compensation involves several important steps, and there is a critical distinction between filing an insurance claim, filing a lawsuit, and actually going to trial. Understanding this process, including New York's unique "Serious Injury Threshold" and the specific reasons why a case might not settle, can help demystify what lies ahead on your legal journey.

The Typical Journey of a Car Accident Claim

After a collision on a busy road like the Sunrise Highway or a smaller local street, the first steps are always to seek medical attention and report the accident. From there, the process of seeking compensation begins. This usually starts with filing a claim with the at-fault driver's insurance company.

An insurance adjuster will be assigned to your case. Their job is to investigate the accident and determine how much, if anything, their company should pay. They will review the police report, look at photos of the scene and vehicle damage, and examine your initial medical records. They may make a quick settlement offer, but this initial offer is often far less than what your claim is truly worth, especially if your injuries require ongoing care. This is where the negotiation process begins, a phase where most claims are successfully resolved.

Filing a Lawsuit vs. Going to Trial: A Critical Distinction

Many people believe that "filing a lawsuit" is the same as "going to court for a trial." This is one of the biggest misconceptions about the personal injury process. In reality, they are two very different stages.

Filing a lawsuit is a formal legal step that moves your claim from an informal negotiation with an insurance adjuster into the court system. This does not mean a trial is imminent. In fact, filing a lawsuit is often a necessary strategic move to show the insurance company you are serious about receiving fair compensation. It also opens up a critical phase of the case called "discovery."

What is the Discovery Process?

Discovery is the formal, court-supervised process where both sides exchange information and evidence. It allows each party to understand the strengths and weaknesses of the other's case. This transparency is a powerful tool that often pushes both sides toward a reasonable settlement.

Key parts of discovery include:

• Interrogatories: These are written questions that one side sends to the other to answer under oath. For example, you might be asked to list all your medical providers.
• Requests for Production of Documents: Each side can request relevant documents, such as medical bills, proof of lost wages, and vehicle repair estimates.
• Depositions: This is a question-and-answer session where a witness, including yourself, gives testimony under oath outside of court. It's recorded by a court reporter, but it typically happens in a conference room, not a courtroom.

The information gathered during discovery often clarifies disputed facts and makes the potential outcome of a trial clearer, which is a major reason why more than 95% of personal injury cases that are filed still settle before ever reaching a trial verdict.

New York’s “Serious Injury Threshold”: A Gateway to the Courtroom

Another important factor in New York law is the "Serious Injury Threshold." New York is a "no-fault" insurance state. This means that after a car accident, your own auto insurance policy provides initial benefits for medical expenses and lost wages through your Personal Injury Protection (PIP) coverage, regardless of who was at fault.

To step outside this no-fault system and file a lawsuit against the at-fault driver for non-economic damages (like pain and suffering), your injuries must meet a specific legal standard. This standard is known as the "Serious Injury Threshold," as defined by New York Insurance Law § 5102(d).

What Qualifies as a "Serious Injury" in New York?

Whether an injury meets this threshold can be a major point of contention in a car accident case. An insurance company will often argue that an injury is not "serious" enough to warrant a lawsuit for pain and suffering.

Under New York law, a serious injury is defined as one that results in one of the following:

• Death
• Dismemberment (the loss of a limb)
• Significant disfigurement (such as severe or prominent scarring)
• A fracture (a broken bone)
• Loss of a fetus
• Permanent loss of use of a body organ, member, function, or system
• Permanent consequential limitation of a body organ or member;
• A significant limitation of use of a body function or system
• A medically determined injury or impairment of a non-permanent nature which prevents you from performing substantially all of the material acts which constitute your usual and customary daily activities for not less than 90 days during the 180 days immediately following the accident.

Proving that your injury meets one of these categories is a crucial legal hurdle that requires detailed medical evidence and documentation.

Why Most Long Island Car Accident Claims Settle

Settlement is the most common outcome for a reason: it offers benefits to both the injured person and the insurance company. A trial, on the other hand, is expensive, time-consuming, and unpredictable for everyone involved.

For the person who was injured, a settlement provides:

• A Guaranteed Outcome: A trial verdict is never certain. A jury could award less than a settlement offer or even find in favor of the defendant. A settlement is a sure thing.
• Faster Resolution: The court systems on Long Island, like the Nassau County Supreme Court in Mineola, can have crowded dockets. A trial could take years to conclude, while a settlement can be reached much sooner.
• Reduced Stress and Privacy: A trial is a public and often emotionally draining process. Settling allows you to resolve your claim privately and move forward with your life.

For the insurance company, settling avoids the risks and high costs of a trial, including attorney's fees, expert witness fees, and the possibility of a jury awarding a very large verdict.

When Do Car Accident Claims Go to Court on Long Island?

While settlement is the norm, some cases do proceed to trial. This typically happens when the two sides are so far apart on key issues that they cannot find a middle ground through negotiation.

Disputes Over Liability (Who Was at Fault?)

If there is a fundamental disagreement about who caused the accident, a trial may be necessary. This can happen in cases with no independent witnesses, conflicting stories from the drivers, or a multi-car pileup on the Long Island Expressway, where assigning blame is complex.

In these situations, New York follows a legal rule called pure comparative negligence. This rule means that an injured person can still recover damages even if they were partially at fault for the accident. However, their total compensation will be reduced by their percentage of fault. 

For example, if a jury decides your damages are $100,000 but finds you were 25% at fault, your award would be reduced by 25% to $75,000. Because fault directly impacts the final award, disputes over it can be difficult to resolve without a trial.

Disagreements About the Value of the Claim

Often, both sides agree on who was at fault, but they strongly disagree on the value of the injuries. An insurance company might argue that your injuries are not as severe as you claim, that they were caused by a pre-existing condition, or that you don’t need the future medical care your doctor recommends. 

When an insurer makes a "lowball" offer that doesn't come close to covering your medical bills, lost income, and suffering, taking the case to a jury may be the only way to seek a fair result.

What to Expect if Your Case Does Go to Trial

In the rare event your case proceeds to trial, remember that your legal team will guide you through every step. The process is structured and methodical, and your role is simply to tell the truth about what happened and how the injuries have affected your life.

A civil trial generally follows these steps:

1. Jury Selection: Attorneys for both sides ask potential jurors questions to select a fair and impartial panel.
2. Opening Statements: Each attorney presents a roadmap of their case, telling the jury what they expect the evidence will show.
3. Presentation of Evidence and Witnesses: Each side calls witnesses to testify and presents evidence like medical records, traffic camera footage, and expert reports. This is when you would share your story.
4. Closing Arguments: The attorneys summarize the evidence and argue why the jury should find in their client's favor.
5. Jury Deliberation and Verdict: The jury meets in private to discuss the case and reach a decision on liability and damages.

While the thought of testifying can be nerve-wracking, thorough preparation with your car accident attorney can build your confidence and help you understand exactly what to expect.

Long Island Car Accident Lawsuit FAQs

Here are answers to some common questions about the car accident claim process in New York.

Discuss Your Long Island Car Accident Claim with Our Team

Dealing with the consequences of a car accident is difficult enough without the added stress of a complex legal process. Understanding that your case is highly unlikely to end up in a courtroom can provide significant peace of mind. However, it is important to have a legal team by your side that is always prepared to go to trial if that's what it takes to protect your rights.

At Rosenberg & Gluck, LLP, our practice is focused on helping people on Long Island who have been injured due to the negligence of others. We handle the communications and negotiations with insurance companies so you can focus on your recovery. We invite you to contact us for a free, no-obligation consultation to discuss your case. We can assist clients in both English and Spanish. Call us today or fill out our online contact form to learn how we can help.