Can You File a Personal Injury Claim Without Going to Court?

June 20, 2025

Can You File a Personal Injury Claim Without Going to Court?

When most people think of a personal injury claim, they picture a tense courtroom and a long legal battle. Fortunately, that’s not always the case. At The Law Office of Tedd Kessler, P.C., we help many clients throughout New York resolve their personal injury claims without ever stepping foot in court.


Settlements: The Most Common Outcome


Most personal injury claims are settled out of court. This means the injured party (the plaintiff) and the at-fault party (often represented by an insurance company) agree on compensation without a trial. Settlement negotiations can begin shortly after the injury occurs and often conclude well before a lawsuit is ever filed.


How Settlements Work


Once liability is established—meaning it’s clear who was responsible for the injury—the focus shifts to compensation. Your attorney will help calculate damages for medical bills, lost wages, pain and suffering, and any future costs. Your legal team will then negotiate with the insurance company to reach a fair offer. If both sides agree, the case is resolved privately.


When a Court Case Becomes Necessary


In some situations, going to court becomes necessary—usually when the other side refuses to accept responsibility or offers an unreasonably low settlement. In these cases, filing a lawsuit can put pressure on the defendant and often encourages a better offer. Even then, many cases settle before reaching trial.


Benefits of Avoiding Court


Resolving a claim out of court can save time, reduce stress, and avoid the unpredictability of a trial. It also keeps the details of your case private, which many clients appreciate. With the help of an experienced attorney, many injury victims can secure fair compensation through negotiation.


How Our Firm Can Help


At The Law Office of Tedd Kessler, P.C., we provide trusted legal guidance to clients across New York. We work hard to build strong personal injury claims and pursue compensation through settlement whenever possible. If a trial becomes necessary, we are fully prepared to advocate for your rights.

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