Legal Question in Personal Injury in New York

I'll make it short. Bar fight. I punched an individual in the face. Broke two teeth and a cheek bone. Already paid restitution. He sued for personal injury. After a couple of months, has made an offer to get a judgement of $25,000 against me.

I have been representing myself and need some advice. I am 22, and cannot afford this and neither can my parents. I understand I have 20 years to pay it off with 9% interest but I am not from the US and I am probably moving back to my country in a couple of years. (I am a US citizen) How do would I go about offering him a deal. I have 5,000 and would be willing to pay up to 8,000 if he gives me a year to pay it. Do you think I should offer this?

Thank You in advanced.


Asked on 8/11/11, 3:39 pm

3 Answers from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

You should consult an attorney, which means let the attorney look at all the papers, because your summary is insufficient to really explain your situation fully.

What I can tell you, is that it is not that easy to collect on a judgment, which is one of the reasons they give you 20 years to do it. If you were to default for instance, he might obtain a judgment; but if you did not live in New York, he would have to find you or your real estate or bank accounts in order to try to enforce it, and if he were to garnishee your wages, only 10% can be garnished of each check.

Should you settle? Probably if he will release you for $5000, it sounds like a good deal, but make sure the papers are prepared correctly or you will be wasting your money. I would not offer it to him, unless there are settlement negotiations taking place in the lawsuit. He is probably expecting a lot more money, and you may give him the wrong idea by suggesting a settlement, unless you do it correctly.

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Answered on 8/11/11, 5:25 pm
Jason Stern Law Offices of Jason Stern

I'm happy to consult with you to help you arrive at a better result. In my opinion, agreeing to a judgment of that amount is a bad idea for one in your circumstances.

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Answered on 8/11/11, 6:06 pm


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