Do Most Slip and Fall Cases in New York Settle Out of Court?

A lot of slip and fall cases in New York City are settled out of court. This is because trials are costly and insurance companies want to avoid them when they can. However, whether a case settles out of court or goes to trial depends on the specific details of the case. Therefore, some of these cases go to trial.

Before you accept compensation or go to trial, you should evaluate each option. For instance, if you have been injured because of another party’s negligence, there is a possibility that you can get more compensation when you go to trial instead of accepting what has been offered during a pre-trial meeting. On the other hand, it is also possible for you to lose at trial and receive less compensation than what you were initially offered by the defendant or get nothing.

Why your claim may settle before trial

Your claim may settle before the case reaches trial if your attorney is requesting a small compensation amount such that it will be less expensive for the defendant to just pay it rather than use more money on court costs and legal fees. Furthermore, if the defendant’s insurance company is offering you full and fair compensation and it is comparable to the amount that you may win if you go to trial, then you may choose to just accept the offer instead of heading to trial. Moreover, if the defendant’s insurance company is certain your claim will be successful if you head to trial, they may offer you fair compensation.

Why your claim may go to trial

Your case may proceed to trial if the defendant’s insurance company is sure they will win the lawsuit and are offering a very low compensation amount or no compensation at all, your claim may go to trial so your attorney can represent you and fight for your rightful compensation. In addition, if on grounds of public good, the negligent party needs to be held accountable for the injuries they have caused because of their reckless conduct, then you may choose to head to trial. Moreover, if the compensation you want is more than what the insurance company is willing to give you, they may try to fight it in court. They may try to lower the compensation amount you are requesting or get your case invalidated or dismissed.

Why avoiding trial is beneficial for all parties

Many people accept slip and fall settlements in NYC before their cases reach trial because of the benefits that both the defendant and plaintiff can get if they decide to handle the matter out of court. For instance, both parties can reduce their legal fees and court costs and their attorneys can finish the case faster.


Furthermore, since every case is unique and the nature of the trial is uncertain, no one can correctly predict which party will win. Thus, sometimes the involved parties may accept the compensation offer in order to avoid losses they will incur if they fail at trial.