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Settling v. Litigation: Making the Right Decision In Your Personal Injury Case

Personal Injury AttorneyIt is not easy to decide whether you should settle your personal injury claim or litigate. There are advantages and disadvantages to both options. A good personal injury attorney will go over the different factors involved in your claim to determine what is the best decision in your particular case.

Settling Your Claim

There are certain advantages in settling your personal injury claim, such as:

  • Getting a quicker resolution by avoiding a lengthy trial
  • Avoiding the possibility of defeat at trial
  • Getting compensated quicker
  • Avoiding the possibility of an appeal if the defendant loses

There are also certain disadvantages to settling your claim without litigation, such as:

  • The possibility of getting less compensation than you deserve
  • Not getting your day in court
  • Not getting the justice that you want

Going to Trial

One common regret for most claimants who settle their case is not having had their day in court. In retrospect, this regret may only make sense because most claimants often forget about the stress of litigation and the risk of losing once the option is no longer available.

On the other hand, going to trial and winning a big verdict may be vindicating. This is especially true in cases where the insurance company or a deep pocket corporation is overly confident and refuses to make a fair offer to settle your claim. In cases where the defendant is unreasonable during the negotiation process, trial may be the best option available for the claimant.

Make a Decision

You may never know for sure whether you should litigate or settle your claim. However, if your personal injury attorney provides you with a list of both the advantages and the disadvantages of each option, you may be more confident with your ultimate decision.

Call an Attorney Today

For more information or to consult with one of our experienced New York personal injury attorneys, please call Gersowitz, Libo & Korek , P.C. at 1-800-529-9997.

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A few years ago I was misdiagnosed and nearly ended up becoming a quadriplegic. Three spinal fusions followed. I asked my sister, a top D.C. lawyer, to find the name of the best personal injury lawyer in NYC, and I was referred to Jeff Korek of... Gersowitz Libo and Korek. It was a tough time for me, but Jeff and Irene were great and helped me through it every step of the way. They were compassionate, understanding and very accommodating, yet professional and always with their fingers on the pulse. They really care about the welfare of their clients, and not just money driven. When I was unable to travel, Jeff came to me, and I live an hour from the city. This firm is well known, well established, and has earned the respect and credibility among its peers. I highly recommend the firm of Gersowitz Libo and Korek without hesitation and, in fact, I already have. My thanks go out to the entire team for a better than expected outcome!!! They get a 5 out of 5 stars from me!!read more
Mary S.
I am giving this law firm 6 out of six thumbs up. Very professional very personal and compassionate staff. From the Attorneys to the staff they were all...
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La mejor firma de abogados, muy profesionales, excelentes persona, todo el tiempo estuvieron pendientes de mi y mis necesidades, estoy muy agradecida con ellos.
Maricela O.
Thank you to the team at Gersowitz Libo & Korek, and especially to our wonderful attorney Anthony Makarov. Mr. Makarov was our trial attorney who took our...
Amy L.
Thank you to the team at Gersowitz Libo & Korek and special thanks to attorney Daniel, Avi and Annette for all your help on my case. Dealing with the law...
Hazel M.
Ed Gersowitz and all his colleagues at the firm Gersowitz Libo & Korek, PC far exceeded all my expectations for a personal injury law firm. From the moment...
Robin F.
From beginning to end we were comfortable with the team at GLK. Thank you Mr. Gersowitz (Ed) for obtaining a settlement out of court.
Donna L. S.
Jeff and Michael are both very professional and helpful towards my case. I would like to thank the team and Irene, the assistant, for all their help despite the length of time that the case took. They took a lot of care and were patient with... answering any inquiries that I had.read more
Cindy C.
They were incredibly professional and pleasant to work with. They made the personal injury process straightforward and easy to navigate. I appreciated their...
Lindsay L.
I was injured in 2011 and spent nearly 8 years with Ed Gersowitz and Jeff Korek. Their professionalism and care was beyond. The process was long and at times exhausting but Ed. Jeff and their team made me feel comfortable and in great hands. I... can't thank them enough and would highly recommend GLK to all. Thank you for all your help!read more
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