Personal injuries are unfortunate incidents that can have a great impact on your life. If you’ve suffered injuries in the state of New York due to someone else’s negligence, you may be entitled to compensation through a personal injury lawsuit. However, before the case goes to trial, a settlement conference may be held to discuss the terms of an agreement. Here’s what you should expect during a New York personal injury settlement conference.
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What is a Personal Injury Settlement Conference?
A personal injury settlement conference is a meeting between the parties involved in a personal injury lawsuit, where an attempt is made to reach a settlement agreement before going to trial. The conference is attended by all the parties involved, including the plaintiff, defendant, and their respective lawyers.
The settlement conference provides a more informal and less costly option to resolve a case before going to court. Unlike a trial, a settlement conference can often be scheduled much sooner, allowing parties to avoid months or even years of litigation and legal fees.
The Goals of a Settlement Conference
The main goals of a settlement conference are to avoid a trial by reaching a settlement agreement and avoiding the high costs of legal fees and the unpredictability of a trial verdict. The conference aims to provide parties with an opportunity to discuss the case openly with each other and identify areas where they may be able to compromise.
The parties may also agree to terms such as the payment of damages, any necessary medical treatment or reimbursement for lost wages. In some cases, parties may agree to a non-monetary settlement such as an apology or a public statement.
What Happens at a Personal Injury Settlement Conference?
Before the conference, each party will submit written summarys of their positions on the case to the judge. During the conference, all parties involved will meet to discuss the advantages and disadvantages of pursuing a trial versus reaching a settlement agreement.
The parties will engage in a discussion of the facts of the case, as well as the legal arguments at hand. They will also review the potential outcomes of the case if it goes to trial versus the certainty and benefits of reaching a settlement agreement.
Participation and Conduct
Personal injury settlement conferences are presided over by the judge overseeing the case. The judge can provide you with advice and guidance on the case, but cannot order you to accept any settlement agreement.
The parties involved in the settlement conference should come to the meeting with an open mind and be willing to compromise. It is also important to refrain from hostile behavior, as it can make it difficult to reach a settlement agreement.
After the Conference
If the parties involved in the settlement conference reach an agreement, a written settlement agreement will be created and signed by all parties. This agreement is legally binding and can be used in court if necessary.
If the parties cannot reach an agreement in the settlement conference, the case will proceed to trial, where the court will decide the outcome of the case.
Conclusion
A personal injury settlement conference can be a useful tool for resolving personal injury disputes before going to trial. It allows parties the opportunity to discuss the case and explore options for reaching a settlement agreement. If you have been involved in a personal injury case in New York, talk to your personal injury lawyer about the possibility of attending a settlement conference and settling out of court.