In December a Buffalo, New York man accepted a settlement offer for $5 million to compensate him for injuries he sustained in an accident that took place back in 2008 while at work on a construction site. According to one local news report, the man’s injuries were quite severe, including a punctured lung, eight herniated disks, and a torn rotator cuff.
Evidently, the man’s case was almost dismissed after the defendants in the case—the general contractor and the property owner—made several arguments to the judge for early dismissal. First, the defendants argued that the man’s medical condition was not good at the time of the accident and that the injuries he claimed arose after the accident were preexisting. If the judge found this to be true, the damages sought by the man would be greatly reduced, potentially to zero.
Second, the defendants claimed that the man failed to pursue a safer alternative to his chosen path when he was injured. If the judge found that this was the case, the plaintiff’s own negligence may have mitigated the defendants’ responsibility.
However, back in April of last year, the presiding judge determined that the defendants were liable for the plaintiff’s injuries and ordered the case to proceed to the damages phase of the trial. However, after liability was established, the defendants entered into settlement negotiations with the plaintiff, and the parties arrived at the mutually acceptable figure of $5 million.
The Importance of Settlement Negotiations
Not all cases are meant to settle. However, sometimes it makes the most sense to enter into settlement negotiations with the opposing party in hopes of reaching a mutually acceptable result. This saves the plaintiff the uncertainty of taking the case to trial and potentially ending up with nothing. It also can save a significant amount of money in attorneys’ fees.
Given the importance of settlement negotiations, it is crucial to a personal injury victim’s case to prepare for negotiations with the other side. This may mean anticipating their arguments at trial and gathering evidence to refute these claims as they are presented in the negotiations. Having a dedicated personal injury attorney at your side during these crucial discussions can make an immense difference in the outcome of your case.
Have You Been Injured in a Florida Accident?
If you or a loved one has recently been injured in a serious South Florida accident of any kind, you may be entitled to monetary compensation based on the other party’s negligent conduct. Obtaining compensation for what you have suffered through may mean taking the case to trial or entering into settlement negotiations with the opposing side. In either situation, the skilled South Florida personal injury attorneys at Cecere Santana Castrillon have the experience and passion necessary to help navigate you through the justice system with the eventual goal of getting you the compensation you deserve. To learn more about how you may be able to recover financially, call 800-75-FL-LAW today to set up your free initial consultation.
More Blog Posts:
Are You a Victim of Personal Injury?, Cecere Santana Castrillon Injury Lawyers Blog, published August 26, 2014.
Save Money on Auto Insurance, Cecere Santana Castrillon Injury Lawyers Blog, published July 23, 2014.