Can a Business Litigation Lawyer in the Borough of Manhattan Help Me Negotiate a Settlement of My Claim Without Bringing a Lawsuit?

Your leverage in negotiations in any business litigation or business dispute depends on the strength of your underlying claims.

If you have underlying, viable claims against the potential defendant (that is, the wrongdoer), you can and should make that known to the potential defendant. These causes of action give you leverage in settlement negotiations to bargain for a significant monetary settlement. The more likely your claims are to succeed and the greater the money damages to which you may be entitled, the more leverage you have to negotiate for a substantial monetary settlement.

On the other hand, if you have no underlying, sustainable claims against the potential defendant, then you have no leverage to negotiate a monetary settlement.

There are instances in which, by simply drafting a detailed demand letter to the potential defendant and then negotiating with the potential defendant or its attorney, I’ve obtained substantial money recoveries on behalf of aggrieved companies or individuals.

However, in most cases, the minimum that’s necessary to negotiate a settlement agreement greater than any that the potential defendant already may have offered is to draft a complaint setting forth the client’s allegations and claims and to send it to the potential defendant with a succinct letter. The letter states that, unless the wrongdoer contacts my law firm within a specified number of days to endeavor to resolve this dispute, we will file, in court, the enclosed Complaint and prosecute the client’s causes of action.

If your company wants to bring or needs a lawyer to defend it in business litigation and you are located in the Borough of Manhattan, call Manhattan Business Litigation Attorney David S. Rich at (347) 941-0760.

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