The Importance of Knowing the Value of a Case: How an Accurate Case Assessment Earned My Client an Additional $230,000 Settlement July 21, 2010

Last Friday, I settled a police misconduct case against the City of New York for $250,000. I want to focus on how a clear assessment of the case enabled my client to receive an additional $230,000.

The case concerned the false arrest of a Bronx man and the psychological damage that police misconduct caused his daughter. I was brought into the case very late to serve as trial attorney representing the daughter, while the original attorney represented the father. At the time of the incident, my client was seven years-old and witnessed the police falsely arrest and manhandle her father. The trauma led to psychological problems that continue to affect the woman who is now twenty-three years old. The father and daughter have been estranged since the time of this incident.

As I do in all my cases, I prepared a detailed case assessment and shared it with my client. My analysis of the case suggested that the daughter’s case was worth as much as her father’s, perhaps even more. I had carefully developed that assessment based on an analysis of the facts, our ability to present a strong case, my review of case law and my review of similar cases in the Bronx. I carefully reviewed that assessment with my client and made sure that she understood how I estimated the value of her case.

Without going into the details of the case, suffice to know that the original attorney believed that the daughter’s case was worth only one-quarter to one-third of the father’s case. Prior to my taking on this case, the City initially offered $20,000 on the case, an amount my client originally considered accepting. After I gave my opening and began prosecuting the case, the City offered the father $150,000 to settle and offered the daughter $50,000. It was clear that the City felt that the daughter’s case was worth only one-third of her father’s. Because my client had an assessment in hand, she understood the value of the case and we rejected the City’s offer.

Many attorneys hope for a settlement so they do not have to go through a trial. I am a trial attorney at heart, so I had rigorously prepared the case. The stronger the trial preparation, the better positioned we are to push for a settlement.  We went to trial and the case went very well for my client as we were able to introduce all the evidence and testimony we wanted, kept out some of the City’s evidence and an expert witness. I was able to undermine the testimony of the City’s doctor and the police officer.

As we finished the testimony in the case, the City raised their settlement offer, putting $300,000 on the table for the father and $150,000 for the daughter. The father wanted to accept the offer. The judge pressured us into accepting the offer. My client wavered, but I advised her that my analysis showed the case was worth more and that she should hold out. Despite the pressure from the others, my client agreed because she knew the assessment of the case.

The next morning, before we gave our summations in the case, the City raised their offer for my client to $200,000. Again, my assessment of the case led me to believe that the case was worth more.  We presented our closings to the jury and after hearing my summation in the case, the City raised their offer by another $50,000 to $250,000 for my client.

I still believed that the case was worth more, but my client now wanted to accept the offer. She settled for $250,000 while her father received the earlier offer of $300,000.  Having understood my assessment of the case, my client was able to withstand the pressure to settle and that earned her an extra $100,000.

I hope you found this information helpful. If you need a personal injury attorney, I would be glad to answer your questions and assist you. If you live in the New York metropolitan area, I could represent you. If you live elsewhere, I can help you find an attorney. You can call me at 1-800-660-1466 or email me. You can also visit my website or read more on my blog, New York Law Thoughts.  

Carol L. Schlitt
New York Personal Injury Attorney
http://www.schlittlaw.com/
1-800-660-1466
Carol@SchlittLaw.com