Syracuse, New York: What Is a Settlement?

Jed Dietrich, Esq., Recognized as a Super Lawyer and American Institute of Trial Lawyers Litigator of the Year, is Committed to Defending the Rights of Accident Victims Across Syracuse. If You or a Loved One Has Been Injured in an Onondaga County Accident That Was Not Your Fault, You Deserve Effective, Aggressive Representation and a Personal Injury Lawyer Ready and Willing to Fight for Your Rights.

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A personal injury lawsuit does not always end with a trial.

If you have a strong case and compelling evidence, there is a good chance that settlement negotiations will begin long before your case is scheduled to go to court. These negotiations can be intense, taking days, months, or weeks to complete. But if discussions go well, reaching an agreement can minimize the risk represented by a jury trial.

The Dietrich Law Firm P.C. has spent decades filing, fighting, and winning personal injury lawsuits. Since our founding in 2005, we have helped our clients in Syracuse and throughout Upstate New York recover more than $250 million in damages. We could help you, too, whether that means holding firm on a settlement or arguing your case before a judge and jury. Please send us a message online or call us at 1-866-529-5334 to speak to a personal injury lawyer near Syracuse and schedule your 100% free, no-obligation consultation as soon as possible.

Negotiation, Settlements, And Personal Injury Lawsuits

Every state has its own rules and requirements for filing a personal injury lawsuit.

In New York, you could be entitled to sue if you have suffered serious injuries in an accident that was not your fault. The process of starting litigation is often dependent on the circumstances surrounding your accident. If you have been hurt in a car crash, for instance, you may have to file a claim through your no-fault insurance company before taking your case to court. If the defendant is somebody else, maybe a negligent landlord who failed to take safety seriously, or a government agency that overlooked an obvious road defect, then you will likely have to navigate an entirely different set of obstacles.

However, no matter how your accident happened or who the defendant might be, settlement negotiations can take place at almost any time, even before you have had the chance to schedule a consultation and talk to a personal injury lawyer.

A personal injury settlement is simply an agreement between each party involved in a lawsuit. Most settlements include legally-binding promises. The defendant may be liable to:

1. Compensate for your damages;
2. Cover the costs of your anticipated medical care; and
3. Change company safety policies and training practices.

Negotiating a good settlement can be challenging. If the defendant has their own attorney or is a big company with its own legal team, negotiations can be complex, often involving intense discussion about evidence, liability, and damages. Large corporations, for example, may not be averse to offering a large settlement if it avoids trial and publicity, but they may resolutely refuse to admit wrongdoing, even if you think an apology is more important than money.

As a general rule, if both parties find the terms of a proposed settlement acceptable, they can submit it to the court and move to have the lawsuit dismissed. However, before agreeing to dismiss a lawsuit, the judge overseeing your case will typically review the terms of the agreement.

The Pitfalls Of Trying To Negotiate A Personal Injury Settlement By Yourself

You do not have to file a lawsuit to negotiate a settlement.

For better or worse, some defendants are incredibly proactive about trying to resolve claims outside of court. If you have been seriously injured in an accident that clearly was not your fault, an adjuster could present you with an offer before you have had the chance to gather your bearings and take a full accounting of what, exactly, recovery is going to look like.

Sitting down with an insurance adjuster or defense lawyer can have unexpected outcomes.

In a personal injury lawsuit, the stakes are high not just for you, but for the defendant, too. Instead of sitting down and having a good-faith discussion, an adjuster or defense attorney could seize the opportunity to save themselves money at your expense.

Car insurance companies, for instance, are notorious for using the following types of tactics:

1. Asking you to tell your side of the story by providing a recorded statement, and then using your own words against you;
2. Refusing to engage in negotiations by ignoring your phone calls or leaving your emails unread;
3. Requesting forensic evidence that they know you cannot provide;
4. Trying to trick you into signing a general medical records release, hoping they can reduce their damages by pinning your injuries on a pre-existing condition; and
5. Taking advantage of dire financial straits by offering a settlement that covers your out-of-pocket expenses and immediate medical needs while leaving nothing for your long-term recovery.

In a high-stakes personal injury lawsuit, anything you say could be used against you.

However, you do not have to place your well-being in the hands of an insurance company or a defense lawyer who has every incentive to cut as much as possible from your settlement.

The Dietrich Law Firm P.C. has spent decades standing up for accident victims in Syracuse and across the region. A recognized U.S. News & World Report Best Law Firm, we have more than 25 years of experience negotiating with negligent landlords, multibillion-dollar insurance companies, and big government agencies. We could help you resolve your lawsuit without going to trial, or, if talks break down, take your case before a judge and jury. Call us today at 1-866-529-5334 to speak to a personal injury lawyer near Syracuse and find out how much your case could be worth.

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Call the Dietrich Law Firm P.C. immediately at 1-866-529-5334 so that our aggressive, tenacious, and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Syracuse, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!

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