Bronx, NY asked in Small Claims for New York

Q: Should I take the settlement or go to trial?

I slipped and fell on ice on 01/15/2017 in a public city park and got a tear and fracture on my right shoulder and a herniated disc in my lower back I got shoulder surgery and injections in my back. I got offered $50,000 my lawyer said I should take it because I fell inside a park and not a entry way of the park, and that it snowed the day before it haven't been 30 hours for them to have cleaned the park. After the hospital and surgery bills and attorney fees I would be left with $13,200 in my pocket should I accept the offer or go to trial.

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1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Little Neck, NY
  • Licensed in New York

A: This is really something best discussed in detail with your attorney, rather than weighing the speculation of someone who doesn't have films or reports of your MRIs, CTs, X-Rays, neurological testing, surgery and post-surgery reports, and other important file documents. It's going to be up to you, and your attorney has probably already brought it to your attention that the City of New York and its agencies could be tough customers in court. Your attorney has probably covered the timeframe you'd be looking at in going to court and how jurors might view your case. But ultimately, no one has a crystal ball. Sit down with your attorney and discuss the matter and that should help you make the most well-informed decision that suits your wishes. Good luck.

Tim Akpinar

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