A Manhattan Personal Injury Lawyer Helping Injured New Yorkers Settle and Litigate Their Claims

When people come to us for help with their injury claims, they are often unsure of their options. Some people think lawyers only handle lawsuits, so they’re reluctant to talk to a lawyer because they don’t want to go to court. Other people are unaware that an out-of-court settlement is often their best option. At The O’Connor Law Firm, our goal is for a Manhattan injury attorney to help clients understand their options so they can make an informed decision about how to proceed with their case. 

A Manhattan Injury Lawyer Who Can Maximize Your Settlement

Most personal injury cases settle out of court, many of which settle before a lawsuit is even filed. Unfortunately, many people settle their claims too soon before they know the full extent of their losses—this is often because they don’t understand the settlement process. 

Don’t Settle Your Claim Too Early

Insurance companies will often try to settle claims as quickly as possible and offer a cash settlement very early in the process. Worried about their medical bills and other losses, accident victims are usually happy to receive the offer and quickly accept. Unfortunately, accepting the offer also means you waive any additional claims. This becomes a problem when the victim realizes their injuries are more severe than they thought. These settlement payments often do not cover all of your losses, which leaves many victims with bills they can’t pay. If you have received an offer of settlement, a Manhattan injury attorney can evaluate the offer and help you understand your options. 

The Settlement Process is a Negotiation

You are not obligated to accept the insurance company’s first settlement offer or any offer of settlement they may make. You control your claim. This means you can make a counter-offer and negotiate for a higher amount than they want to pay. 

Settlement negotiations aren’t simply an exchange of numbers. The insurance company will expect you to prove why you are entitled to the amount you are seeking. They may challenge the evidence you submit. In the end, you need to make a compelling case supporting your claim before you even go to court. Working with a Manhattan injury lawyer with extensive negotiation skills can give you a significant advantage when it comes to settling your claim. 

You Get to Decide Whether or Not to Settle

Some cases settle easier than others, and sometimes your best option is to go to court. However, you always have the option to reject a settlement offer, break off negotiations, and pursue a lawsuit. A Manhattan injury attorney can guide you throughout the settlement process and help you decide when is the right time to go to court.  

Litigation: Going to Court in Manhattan 

Sometimes the only option to get the compensation you need is to file a lawsuit. Unfortunately, the legal process is not easy for non-lawyers to navigate. You will be expected to follow all of the rules, procedures, and other requirements imposed by the court. Even a minor mistake can result in your case being dismissed and cause irreparable damage to your claim. In addition, the insurance company will be represented by counsel. You will be at a significant disadvantage if you choose to represent yourself in court. If you have been injured and are considering filing a lawsuit, you should speak with a Manhattan injury lawyer as soon as possible. 

Discovery

After the lawsuit is filed, the discovery phase of litigation begins. Discovery involves several tools that the parties use to gather evidence about their case and attempt to discover what evidence the other side has. These tools include subpoenas, interrogatories, and other methods. This is a very important phase of your case because it allows you to build your case and evaluate the strength of the opposition. As a result, it is crucial to your success that it be handled correctly. A skilled Manhattan injury attorney will know how to make the most of the discovery process. 

Pre-trial Motions and Hearings

Another aspect of the litigation process is the proceedings that take place prior to trial. The purposes of these proceedings can include the following: 

• To compel someone to respond to discovery requests
• To limit specific pieces of evidence 
• To preclude certain issues from being raised at trial
• To dispose of the case before trial (a Motion to Dismiss or Motion for Summary Judgment)

One alternative to traditional litigation that may be explored during pre-trial is mediation. This option may be more advantageous in certain circumstances because a neutral third party can often evaluate the case and help resolve the matter more quickly than a judge.

Pre-trial proceedings are where the parties attempt to maneuver their cases into an advantageous position. As a result, these proceedings are significant to the success of your case. A Manhattan injury lawyer will know how to use these proceedings to your advantage. 

The Trial

Many of the lawsuits that are filed are settled before they get to trial. However, cases with complex legal issues or disputes over important facts often go to trial. The outcome of the trial will determine whether or not you receive compensation for your injuries. 

The judge presides over your case at a trial, acting as a sort of referee or traffic cop. The jury will decide on the facts, and ultimately, who will prevail in the case. Along the way, you will have to submit evidence, call witnesses, and elicit testimony according to very stringent rules. Failure to follow these rules means you will not be able to submit the evidence you need to prove your case. A Manhattan injury attorney will know how to comply with these rules so your case will be clear and compelling. 

Injured? Contact Manhattan Injury Lawyer Brian O’Connor Today 

Brian is a tough negotiator and seasoned litigator with over 20 years of experience in helping injured New Yorkers with all types of injury claims. Tirelessly working for fair compensation for his clients, a Manhattan injury attorney can help you decide when is the right time to settle and when is the right time to go to court. If you have been injured and need some guidance, give us a call at 212-566-4868 or contact us online to schedule a free consultation.