2 Ways to Negotiate a Settlement
NY Medical Malpractice Attorney Gerry Oginski Explains
Really smart defense lawyers usually use these two key ways to negotiate…
If the case is ready to negotiate it means:
1. The attorney has conferenced the case with his client,
2. The attorney has conferenced the case with the insurance company and
3. He has been given authority and money to begin negotiating
One strategy involves offering a lowball settlement amount in an attempt to go up incrementally in stages.
Even though the attorney has been authorized to settle the case, let’s say for $1 million, he may only offer $400,000 to start negotiating.
With each offer and counteroffer, he may go up in small incremental steps.
The attorney’s goal is to see if he can settle this case for less money than what the insurance company has authorized him.
Another key strategy to negotiate involves an attorney who has been given authority for $1 million and simply comes right out and tells his opponent that he just received authority for $1 million to settle but he can’t give him the full amount. Instead, the maximum amount he could give would be $900,000. Either take it or leave it.
If it’s not acceptable, then everybody knows where they stand and the only remaining option is to proceed to trial.
This second strategy typically works with attorneys who have worked with each other before on other cases.
This tends to be a no-nonsense straightforward approach.
This strategy basically says…here’s what I have.
If it’s good, then the case is settled.
If it’s not good, then we go to trial and take a verdict.
Watch the video to learn more…
Here’s a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client: http://www.oginski-law.com/video/cardiac-malpractice-in-ny.cfm
Here’s a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering: http://ow.ly/azKg6
To learn more about how medical malpractice cases work in the state of New York, I encourage you to explore my educational website, http://www.oginski-law.com/library/bad-negotiating-tactic-during-mediation-why-i-will-never-use-this-mediator-again.cfm.
If you have legal questions, I invite you to pick up the phone and call me at 516-487-8207 or by email at Gerry@Oginski-Law.com. This is what I do every day and I’d be happy to chat with you.
Law Office of Gerald Oginski
67 Cutter Mill Road
Great Neck, NY 11021