Q: I need to know when and how I should ask for a settlement
A: It really depends on the type of case and the details of your case. There is no universal "one size fits all" answer here. There are many factors to consider, and an experienced attorney would be able to offer insight there. Here are some general factors to consider in a personal injury case, since that's the category under which you posted the question. How does the liability pan out? New York is a comparative negligence jurisdiction, which means that liability can be apportioned between the parties according to their respective fault. Do you have a meaningful basis on which to make your demand? This means injuries are well-documented and supported by medical evidence in the form of narrative reports and imaging studies. What will be the cost of litigating the case if you do not settle? What would be the risk of litigating your case in a court... are there issues that you believe a jury could see in more than one way? These are only a few considerations. You don't mention if you are represented by counsel. If you are, they should offer guidance here. If you are not, you could reach out to attorneys to see if a free initial consult is possible. Good luck on your case
Jonathan R. Ratchik agrees with this answer
A: As my colleague correctly advised, there are really too many moving parts to answer this question intelligently. There's really no right or wrong time to make a settlement demand. You can make a settlement demand before suit is filed, before depositions, after depositions, while the case is on the trial calendar, while summary judgment motions are pending, and even after selecting a jury for trial. It all depends on the case. That said, the Court will generally bring the parties in for a settlement conference once discovery is complete and the case has been placed on the trial calendar (oftentimes called an early settlement or pretrial conference).
Tim Akpinar agrees with this answer
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