NY Car Accident Case; Can You Settle After Liability Verdict? Attorney Gerry Oginski Explains
NY Car Accident & Personal Injury Trial Lawyer
When your car accident case goes to trial in New York, your case will be tried in two different parts. The first part is ‘liability’, to determine who, if anyone, is responsible for your accident.
If you are successful in showing that you are more likely right than wrong that the other driver caused your accident, then your case will proceed to the second phase of the trial.
That will be to evaluate the extent of your injuries and to determine how much compensation the jury is going to give it to you.
Some injured victims want to know if it is still possible to settle their case after they have obtained a verdict in their favor during the first part of their trial.
In other words, if you win liability, can you now try and settle your case?
The answer is “Yes.”
You can try and settle after a liability verdict in your favor.
In many instances, the defense will be more receptive to try and settle with you once they recognize that they are fully responsible for the happening of your accident.
If your negotiations are unsuccessful and a jury now evaluates how much compensation to give to you for all the injuries you have suffered, even after such a verdict it is still possible that you can settle your case after a damages verdict.
You might ask yourself “Why would I consider settling my case after a jury has given me compensation for all of my injuries?”
The defense will ask the trial judge to reduce your verdict or throw out your verdict claiming it is against the weight of the evidence.
Then, they have the option of appealing.
An appeal can take 1-2 years to complete and the outcome is always uncertain.
In an effort to avoid uncertainty together with the risks to both sides associated with an appeal, all parties may decide to enter into settlement negotiations even after a verdict is rendered.
Watch the video to learn more…
Here’s a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client: http://www.oginski-law.com/video/cardiac-malpractice-in-ny.cfm
Here’s a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering: http://ow.ly/azKg6
To learn more about how car accident cases work in the state of New York, I encourage you to explore my educational website, http://www.oginski-law.com/library/new-york-car-accidents-12-key-deposition-techniques-in-a-car-accident-case.cfm.
If you have legal questions, I invite you to pick up the phone and call me at 516-487-8207 or by email at Gerry@Oginski-Law.com. This is what I do every day and I’d be happy to chat with you.
Law Office of Gerald Oginski
25 Great Neck Road, Ste. 4
Great Neck, NY 11021