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You must be Ready to Discuss a Settlement

Did you know that during a pretrial conference, if one of the sides is not ready or prepared to discuss a settlement, the judge can actually dismiss the case? Why is that?

What is Expected at a Pretrial Conference?

A personal injury case is nearing the trial date and scheduled for pretrial conference. The judge will try to have both parties reach a settlement. He turns to the plaintiff’s lawyer who represents the injured victim and asks what he needs to settle the case. The lawyer will quote a settlement amount, and then the judge will ask the defense what they are prepared to offer in this case.

If the defense lawyer says that this is the first time he is hearing about any settlement demands from the plaintiff, and he is not prepared to have any settlement discussions whatsoever – this could infuriate the judge. In fact, the judge could even dismiss the case.

When the attorneys arrive in court for the purposes of a pretrial conference, the entire purpose is to try to invoke settlement negotiations. The judge will see if the defense has evaluated the case, whether they have a position and whether they are willing to talk or not.

Only then will the judge make an intelligent decision about whether to adjourn the matter to facilitate further discussions or to set the case down for trial. If the defense attorney does not have any information and has not reviewed the case in terms of holding settlement discussions, then he is obstructing the judge and wasting the court’s time. The judge will reprimand the defense lawyer and tell him he was supposed to come prepared and have an idea about settling the case.

The Judge has the Authority to Dismiss the Case

Apart from this, one of the other things available to the judge is that he can literally dismiss the defense’s answer, or he can dismiss their claim. This would mean the plaintiff would have won by default. However, does this actually happen? Well, it is very rare, but it has happened, and it is within the judge’s discretion to dismiss the case if the defense is not prepared or does not want to negotiate.

What happens if the plaintiff’s side is not prepared or willing to negotiate? The judge will be equally angry, and one of the options available to him would be to dismiss the victim’s claim and his case. This would mean the defense has won, and the victim will not have a chance to obtain any compensation for their claims. The victim will then have to go through the appeals process, which is time consuming and complicated. They would also be quite upset with their attorney as well and could possibly be grounds for a legal malpractice suit depending on what happens.

This almost never happens though. But it has before.

Not Prepared

All these legal issues arise all because one side or the other was not prepared to go ahead with the settlement discussions, when the whole purpose of the pretrial conference was to see if the case can be settled through negotiations. Avoiding a trial is worth pursuing.

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April Johnson
April Johnson
15:54 30 Jun 23
Easy access to thr firm with a very nice Lawyer
Benjamin Roussey
Benjamin Roussey
19:03 29 Jun 23
No firm gets it done like RMFW. They are the best.They are awesome - for sure.
Roberto Martinez
Roberto Martinez
19:02 24 May 23
I’ve been in the personal injury field as an investigator for 29 years. All in New York City. Out of all the hundreds of Law Firms I’ve worked with, Rosenberg Minc Falkoff & Wolf, would have to be at the very top of my list. Amazing staff great attorneys.If you want the job done right, these are you guys.
Julio Ochoa
Julio Ochoa
20:49 18 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP for their outstanding assistance in obtaining a settlement for an Erb's Palsy birth injury case. Their knowledge, dedication, and compassionate attitude were important in attaining a successful end. Their professionalism and assistance were simply outstanding from beginning to end. I am deeply thankful for their representation and would enthusiastically recommend them to anyone seeking justice in a similar situation.
Aisha Neri
Aisha Neri
20:29 18 May 23
I recently had the privilege of working with Rosenberg, Minc, Falkoff & Wolff, LLP on my daughter’s birth injury case involving Erb's Palsy, and I cannot express enough gratitude for their exceptional legal services. From the initial consultation to the successful settlement, they demonstrated profound expertise, unwavering dedication, and genuine compassion for my family's situation.From the very beginning, the team proved their commitment to justice. They thoroughly investigated the circumstances surrounding my child Erb's Palsy birth injury, leaving no stone unturned. Their extensive knowledge and understanding of medical malpractice law, coupled with their deep expertise in birth injury cases, provided us with tremendous confidence in their ability to handle our case.The attorneys at Rosenberg, Minc, Falkoff & Wolff consistently displayed exceptional professionalism and attention to detail throughout the entire legal process. They meticulously gathered evidence, consulted with medical experts, and built a compelling case that clearly outlined the negligence and liability on the part of the medical professionals involved. One aspect that truly stood out was the genuine care and compassion exhibited by Daniel Minc, Lorraine Licul, and the entire team at Rosenberg, Minc, Falkoff & Wolff. They treated us not just as clients but as individuals with unique emotions and concerns. They took the time to listen attentively to our worries, provided constant updates on the progress of our case, and promptly responded to our inquiries, ensuring we felt supported and reassured throughout the process. Their empathy and understanding made an immeasurable difference during such a challenging and emotionally taxing time.When it came time to negotiate a settlement, Daniel Minc demonstrated remarkable skill and tenacity. He fought fiercely on our behalf, advocating for fair compensation to cover any potential long-term effects of Erb's Palsy on my child's life. His negotiation skills were truly impressive, as they secured a settlement that exceeded our expectations and provided the financial resources necessary to support my child's future needs.I cannot recommend Rosenberg, Minc, Falkoff & Wolff highly enough to anyone seeking legal representation in Erb's Palsy birth injury cases or any other medical malpractice matters. Their extensive experience, unwavering dedication, and empathetic approach make them an exceptional choice for families navigating the complexities of birth injury litigation. Thanks to Rosenberg, Minc, Falkoff & Wolff, my family now has the means to provide the best care and opportunities for my child's future.If you are seeking a law firm that combines legal expertise with genuine compassion, look no further than Rosenberg, Minc, Falkoff & Wolff, LLP. They will tirelessly fight for your rights and ensure your voice is heard, providing you with the support and justice you deserve.
Aoki R
Aoki R
17:14 17 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP. They are a team of dedicated professionals fully committed to their clients. I have witnessed the firm's amazing work ethic in my experience with their attorneys and Lorraine Licul. Lorraine is a knowledable, empathetic and results-driven professional. Minc is an excellent attorney and I greatly appreciate the firm's expertise.
Michael Levites
Michael Levites
17:42 12 May 23
I have recommended this firm to some of my friends and I heard back only positive feedback about the client responsiveness, diligence and hard work put in by these attorneys. I will continue to refer anyone who suffered a personal injury to Rosenberg Minc..
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