Why Many Personal Injury Cases Settle at the End of Litigation - FAQ's

If you’ve filed a personal injury lawsuit in New York, you may be wondering: why does it take so long to settle a case? And why do so many settlements happen right before trial? Watch our latest FAQ video to learn more.

At Blitz Law Group, we’ve successfully handled thousands of cases, and we’ve seen a consistent pattern — most personal injury cases settle at the end of litigation, not at the beginning. Here’s why.

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FAQ: Most Personal Injury Cases Settle at the End of Litigation Because:

1. Insurance Companies Don’t Offer Fair Settlements Early On

At the beginning of your case, insurance companies are rarely motivated to pay what your injury is actually worth. Early offers are often “lowball” settlements, designed to test whether a plaintiff will accept a fast payout rather than go through a lengthy litigation process. These offers don’t usually reflect the true costs of your pain, medical care, lost wages, or long-term damages.

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2. Trial Preparation Puts Pressure on Defendants

As your legal team prepares for trial—submitting evidence, securing medical experts, deposing witnesses—the defense starts to see that you’re serious. They also see the potential risks: if they lose at trial, they might owe much more than what they could offer in a settlement.

When the facts are against them and the courtroom clock is ticking, defendants are more likely to settle for a fair amount.

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3. Judges Often Encourage Settlement

During pre-trial conferences, judges frequently urge both sides to resolve the matter outside of court. Courts are overloaded, and trials are expensive for all parties. When a judge sees a case that’s mature and ready for resolution, they’ll often push for serious settlement discussions—especially if liability is clear and damages are well-documented.

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4. Plaintiffs Gain Leverage Over Time

By the time we reach the end of litigation, we’ve built a strong case. Medical records, accident reports, witness statements, expert opinions, and day-in-the-life videos all combine to show the full extent of your injury and suffering. That leverage gives us negotiating power and puts pressure on the defense to resolve the case before risking an unpredictable jury verdict.

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5. Clients Deserve Maximum Compensation — Even if it Takes Time

Our clients hire us to fight for justice, not just quick checks. And sometimes, justice takes time. While we’re always open to a fair and timely resolution, we prepare every case as if it will go to trial. That approach consistently leads to better settlement offers—especially near the end of litigation, when the defense knows we’re not afraid to take a case to verdict.

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What You Should Expect as a Client

If you’re injured and pursuing a personal injury claim, know this: the legal process can be long, and it requires patience and trust. But when you work with Blitz Law Group, you can rest assured that we’re fighting for the best possible outcome—no matter how long it takes.

You may not hear much about what happens behind the scenes, but trust that we’re pushing every step of the way: gathering evidence, preparing arguments, and negotiating relentlessly.

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Need Legal Help After a Serious Injury?

If you’ve been hurt due to someone else’s negligence, we’re here to help. Our firm has recovered millions of dollars for injury victims across New York, and we’re ready to fight for you.

Contact Blitz Law Group, LLP

Phone: (212) 871-1300

Website: https://blitzlawgroup.com

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Stay tuned to our blog and YouTube channel for more legal insights and real case results from our attorneys.