Why Would an Attorney Look to Settle a Personal Injury Case in New York?
If you were hurt because of another’s negligence, you are entitled to seek financial compensation through a personal injury lawsuit. This is true if you were hurt in a car accident, slip and fall, or because of a doctor’s medical malpractice. Before you meet with an attorney, you might have visions of a dramatic argument in court and a huge jury award. You might be surprised if your attorney begins talking about a settlement.
There are many reasons why our New York City personal injury lawyers would consider settling a case instead of pursuing a jury trial. For instance, trials are unpredictable, expensive, and time-consuming.
Our goal is to maximize your compensation. In some situations, that means negotiating a settlement. However, you should not make this decision without speaking with an experienced lawyer. Call (718) 841-0083 to review your options with an attorney from The Carrion Law Firm.
Outcomes in New York Trials Are Not Guaranteed
Personal injury litigation is fraught with uncertainty. The outcome of a personal injury case is never guaranteed. During the discovery process, evidence could be found that hurts your position. A witness or plaintiff might say something that damages a case during a deposition.
The trial itself also presents potential problems. Your star witness might give contradictory testimony under cross-examination. A judge could also make an evidentiary ruling the hampers your case. Finally, no matter how strong your case is, it is impossible to always predict what a jury will decide. While you might be able to get more money through a trial, it could also go in the defense’s favor. Additionally, the additional compensation might not offset the cost of litigation.
Personal Injury Trials in New York Are Expensive
Litigation is costly. This is especially the case in personal injury lawsuits where expert witnesses are required. Investigating the case, preparing reports, and the time required to travel to the trial and testify is expensive. In some complex cases, such as a medical malpractice lawsuit, a plaintiff might require several experts.
Trials also eat up your attorney’s hours. Depending on the circumstances, an attorney could spend hundreds of hours interviewing witnesses, analyzing evidence, and preparing for the trial itself. Negotiating with an insurance company takes significantly less time.
Filing a New York Personal Injury Lawsuit Takes Time
Filing a lawsuit might result in more money. However, you are still obligated to pay your medical expenses and other bills until the case ends. Some lawsuits could take months or years. Even if you win the lawsuit, the process could still drag on if the defendant appeals the decision.
If you are out of work and struggling financially, waiting two or three years for a settlement might not be feasible. One benefit of settling a case is receiving a check in a substantially shorter period of time.
Settlements in New York Are Private
Personal injury trials are part of the public record. Anyone can go to a courtroom and watch a trial. In some personal injury cases, very private information will be available for public consumption. Some injured plaintiffs prefer the secrecy and privacy of settling a case outside of the public forum.
Why Hire Our New York Personal Injury Attorneys to Settle Your Case?
If you are not going to take your case to court, why do you need legal representation? The reason is simple – to maximize your compensation. Insurance companies have attorneys and adjusters working to limit their liability. You should have an experienced lawyer working to protect your interests.
Value Your Claim
The only way to determine if a settlement offer is fair is to know what your claim is worth. While settling a case makes sense in some situations, our New York personal injury lawyers will still calculate your damages, including your future medical care, diminished earning capacity, and pain and suffering. Knowing what you could be awarded if the case went to trial will help you make an informed decision regarding a settlement amount.
Knowing the Policy Limit
While the value of your claim is important, so are the insurance policy limits. It is unlikely that the defendant’s insurance company will reveal the policy limits to you while negotiating a settlement. An experienced Brooklyn personal injury attorney has a better chance of uncovering the policy limit. This is important information to determine if an offer is artificially low given the amount available.
Experience With Insurance Companies
The majority of personal injury cases settle. This means our Bronx personal injury attorneys have a lot of experience working with different types of insurance companies. Adjusters are assigned thousands of cases and have experience convincing injured victims that they are receiving a “great deal.” You want to ensure that you have an experienced negotiator working on your behalf. If you were injured in an accident, you should be focused on your treatment while our firm handles discussions with the insurance company.
Once you receive your settlement, you will have numerous creditors looking to get paid. For example, your medical providers could have liens on your settlement for the services you received. In many cases, a settlement check could have your medical provider listed as well. Our firm will work with any creditors to negotiate payment agreements that are in your favor.
Our New York Personal Injury Attorneys Work to Maximize Your Compensation
At The Carrion Law Firm, our Queens personal injury attorneys are dedicated to maximizing the compensation for each of our clients. We also understand that every case is unique – some will come to a fair settlement while others require going to trial. In either case, we will weigh the advantages and disadvantages so you can make an informed decision on how you wish to proceed. To evaluate your injury case, call (718) 841-0083.