Are Lawsuit Settlements Public Record in New York?

If you settle your case privately with the liable party’s representatives, your lawsuit settlement is not a matter of public record. However, if you have to go to trial and recover compensation through a jury verdict, that result will be public record in New York. Our New York personal injury lawyers will explain more about how lawsuits work and address any privacy concerns you have.

When Settlement Records are Public—and When They are Not

Personal injury settlements typically become a matter of public record in New York only when the case goes to trial. Note that going to trial is distinct from filing a lawsuit:

• Filing a lawsuit, also known as litigation, means you are preparing to go to trial. There is still time for the insurance company to offer an appropriate settlement and end your case before the trial begins.
• Going to trial means that both sides present arguments in front of a judge and jury. The jury gets to decide the outcome of the case.

It is important to note that, as a percentage of all personal injury claims that are made, very, very few cases ever go to trial. In the vast majority of cases, we are able to reach a pretrial settlement with the at-fault party’s insurer. This settlement is private, so most people do not have to worry about their case being in the public record.

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What to Do if You are Concerned About Keeping Your Lawsuit Private

If you have privacy concerns, it is a good idea to speak to a personal injury lawyer as soon as possible. The only way to keep your case out of the public record is by settling before the trial. An attorney will work with you to come up with a legal strategy that allows you to do this. For example, the stronger your case is, the more likely it is that the insurance company will realize they will not win at trial, which could make them more willing to offer an appropriate settlement. Your legal team will build a compelling body of evidence with all available materials, such as:

• Police reports
• Video footage and photos
• Expert testimony
• Witness testimony
• Internal company records
• Medical records
• Black box data
• Driver logs
• Previous violations or infractions
• Employment records

Not all kinds of evidence are available in all cases. Our attorneys will consider your general case type (car accident, truck accident, etc.) and the specifics of your unique circumstances as we investigate the cause of your injuries.

What to Expect When Negotiating a Settlement Versus Going to Trial

Once you hire our lawyers, we manage your entire case. You do not have to worry about negotiating or arguing your case on your own behalf. During negotiations, our legal team meets with the insurance company’s representatives, who might try any number of tactics to get you to accept less money than you deserve:

• They might deny that their client was negligent.
• They might admit negligence but deny that the negligent act had anything to do with the accident or your injuries.
• They might say that your injuries are not worth as much as you have asked for.
• They might allege that you were negligent, which would mean they do not have to pay as much in damages.
• They might be slow to respond to your communications.

It is your attorney’s job to anticipate and fight back against each of these tactics. This could convince the insurer that they have little chance of winning at a trial and, if they do lose, the verdict could be for a very significant amount. If your case is more complex—for example, if the evidence is contradictory—it is more likely that the insurer will refuse to offer an appropriate settlement. Sometimes, filing a lawsuit resolves the issue: once they realize how serious you are about your case, they might be more willing to pay what you need. In the unlikely event that your case goes to trial, your lawyer will:

• Take care of all preparations
• Present your arguments in the courtroom
• Question and cross-examine witnesses
• Send and receive paperwork

Feel free to reach out to your lawyer with questions about the legal process and your case’s status at any time.

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How Do You Know if You Should File a Lawsuit?

Your attorney will assist you with this. Sometimes, we recommend filing suit right away. In other cases, we suggest waiting a while to see how negotiations go. While a certain amount of back-and-forth is expected during negotiations, if you go too long without seeing progress, it might be time to file a lawsuit. You should also know that you have a limited time to start your case: certain insurance claims require that you report an accident within a certain period of time (for example, after a car accident, a claimant has 30 days to file for No Fault benefits), and lawsuits must be filed within the legal deadline. You will need to work within these limits as you consider your options. Finally, be aware that a lawsuit typically takes longer to resolve than a claim does. This is another reason why cases tend to settle out of court: insurance companies do not want to go through a lengthy trial any more than accident victims do. Sometimes, however, a lawsuit is the only way to secure the money you need. No matter how long your case takes, we will fight by your side for the financial compensation you deserve.

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Our New York Lawyers Will Fight for the Settlement You Are Counting On

Very few lawsuit settlements are public record in New York, but if you are worried about whether or not the details of your case could become public knowledge, feel free to speak to our personal injury attorneys at any time. Call Friedman & Simon, L.L.P., today to get started with a free consultation.

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