Should You Accept a Settlement Offer After a Slip and Fall Accident in New York?
After a slip and fall accident in New York, you can take your case to court and sue the defendant for your damages. However, you might instead have the option to cut your case short with a settlement agreement.
A settlement agreement is a legally binding agreement between the plaintiff and defendant outside the courtroom. While a defendant may offer a settlement to the plaintiff, the plaintiff is not required to accept. In fact, the parties may go back and forth negotiating a settlement or drop negotiations altogether and prepare for a trial. You should never accept a settlement offer without discussing it with a lawyer first. If it adequately covers your damages and you are otherwise satisfied, accepting may be a good idea. A bad settlement offer might leave you with unpaid debts, and you should reject the offer.
Defendants sometimes want to make slip and fall accidents disappear with a settlement offer, but the offer does not have to be accepted. Call our New York lawyers for slip and fall accidents to help negotiate a settlement. Call The Carrion Law Firm at (718) 841-0083 for a free case review.
Negotiating a Settlement After a Slip and Fall Accident in New York
After a slip and fall accident, you can file a lawsuit against the owner of the property where your accident happened. Preparing for a trial can take a long time and be emotionally exhausting. In many cases, the parties to a lawsuit opt for a settlement. A settlement is a deal between the parties. Typically, the defendant agrees to pay an agreed-upon sum to cover the plaintiff’s damages. In return, the plaintiff agrees to drop the case, and they lose their right to file the lawsuit at all.
Settlements can be beneficial in numerous ways, but they are not required. A plaintiff is free to reject a settlement offer if it is inadequate or they simply want their day in court. If you reject a settlement offer, that is not necessarily the end of things. You and your lawyer can make a counteroffer to the defendant for a better settlement. Alternatively, you can shut down negotiations and take your case to trial.
Our Manhattan personal injury attorneys can help you negotiate the best settlement possible for your case and maximize your compensation. We can also help you determine if a settlement offer is good or bad and your odds of success at a full trial.
Reasons to Accept a Settlement Offer After a Slip and Fall Accident in New York
If you have been offered a settlement after being injured in a slip and fall accident in New York, you should discuss the settlement with an attorney before making any decisions. Our New York lawyers for slip and fall accidents can help you determine if the settlement offer is a good one that should be accepted.
A good settlement offer is one that adequately covers your damages. In most settlements, the defendant does not cover 100% of the plaintiff’s damages. The point of a settlement is that each party benefits. Typically, the plaintiff gets some or most of their damages covered, and the defendant saves money by paying less than they would have after a trial. If the settlement offer in your case covers most of your damages, and you can handle anything that is not covered, you might want to accept.
Even if the settlement adequately covers your damages, you should consider whether the settlement represents a just outcome. Many plaintiffs want more than just their damages covered. They want the defendant to learn from the experience so they do not repeat their negligent behavior. If the settlement feels like you are being paid to go away, you do not have to accept, and we can help you get justice in the courtroom.
You should also consider accepting a settlement offer if you do not want to spend more time and money on a trial. Many plaintiffs would rather take a settlement offer and move on than deal with a tiring and complicated trial. Our Brooklyn personal injury attorneys can help you get a fast settlement that meets all your needs.
Signs of a Bad Settlement Offer for a Slip and Fall Case in New York
A general rule of thumb in negotiations is never to accept the first offer. This rule might also be true of settlement negotiations. Often, a defendant will make a relatively low offer first, and it is up to you and your attorney to negotiate for something better. If you are offered a settlement that leaves you with too many unpaid debts, you can reject it for something better.
You should also consider your future needs when negotiating. The settlement might seem good at first because it covers most of your existing damages. However, people receiving ongoing medical treatment might incur future expenses. Your settlement should not be a quick fix but should compensate for all your losses.
Our Queens personal injury lawyers can help you identify bad settlement offers and reject them or make counteroffers.
Do I Have to Accept a Settlement Offer for a Slip and Fall Case in New York?
It is important to remember that you are never required to accept a settlement offer. It is okay to reject an offer after weeks or even months of negotiations. You should also take your time deciding what to do about a settlement and discuss any offers with our New York lawyers for slip and fall accidents.
In fact, you should not be negotiating settlement offers alone. An attorney has the legal knowledge and negotiation skills to advocate for you in settlement talks. Your lawyer will work to make sure you walk away with the best settlement possible.
It is your right to file the lawsuit, and you should not feel pressured by anyone to waive this right unless you believe doing so is in your best interest. You should always speak to a lawyer before entering settlement negotiations.
Contact Our New York Attorneys for Slip and Fall Accidents
After suffering a slip and fall accident in New York, the property owner might offer you a settlement. Our Bronx personal injury attorneys can help you determine if the settlement is good or bad, and you do not have to accept. For a free case review, call The Carrion Law Firm at (718) 841-0083.