Tag Archives: negotiate

2 Ways Defense Lawyers Negotiate a Settlement; NY Medical Malpractice Attorney Oginski Explains



2 Ways to Negotiate a Settlement
NY Medical Malpractice Attorney Gerry Oginski Explains
http://www.oginski-law.com/library/bad-negotiating-tactic-during-mediation-why-i-will-never-use-this-mediator-again.cfm

516-487-8207
Email: Gerry@Oginski-Law.com

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.

Your choice.

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
516-487-8207

Email: Gerry@Oginski-Law.com

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What if You Embarrass Defense Attorney During Settlement Negotiations? Attorney Oginski Explains



Is It Ever Ok to Embarrass Defense Attorney During Settlement Negotiations? NY Attorney Gerry Oginski Explains
http://www.oginski-law.com/blog/cataract-surgery-nightmare-woman-loses-vision-in-one-eye-725000-settlement.cfm
NY Medical Malpractice & Personal Injury Trial Lawyer
516-487-8207
Email: Gerry@Oginski-Law.com

This may sound like a bizarre question. But it’s not.

There are many instances during the course of lawsuit where you may feel you have the strong upper hand. You may feel like gloating. You may feel superior.

In that instance, is it ever acceptable to gloat over your adversary or his case? Is it ever acceptable to embarrass your opponent in front of his client or his insurance company?

If you want to maintain any type of working relationship, the answer is no.

If you embarrass your adversary, he will lose trust and respect for you. Your settlement negotiations are built upon some type of working relationship and trust. If you intentionally destroy that by embarrassing him, he will hold it against you.

If you do that intentionally, you actually harm your client’s chances of trying to resolve their case favorably.

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/blog/cataract-surgery-nightmare-woman-loses-vision-in-one-eye-725000-settlement.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
25 Great Neck Road, Ste. 4
Great Neck, NY 11021
516-487-8207

Email: Gerry@Oginski-Law.com

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Defense Attorney Asks “How Much Are You Really Looking For to Settle Your Case?”



Defense Attorney, While Running Down the Hall, Asks “How Much Are You Really Looking For to Settle Your Case?”
http://www.Oginski-Law.com/

NY Medical Malpractice & Personal Injury Trial Lawyer
516-487-8207
Email: Gerry@Oginski-Law.com

It seems like a simple question.

You’re passing the defense attorney in the hall in Court and he turns to you and asks “How much are you really looking for in order to settle this case?”

You’re tempted to give him a quick, off-the-cuff answer. However, doing so may be detrimental to your case.

This quick conversation can take place early on in your case. Many lawyers see each other in court on a frequent basis. Lawyers who handle medical malpractice cases, especially in New York, can often be found run into each other repeatedly in different courthouses in different counties over and over again. It’s a relatively small community.

That question is designed to provoke you to give them some idea of what you think it will take to settle your case.

However, be forewarned.

The answer you give may lock you into something you cannot get out of later. That answer may destroy your credibility when you try and negotiate something more significant later on.

At the beginning of the case, it is difficult if not impossible to know the true extent of your injuries and disabilities. You are likely still undergoing care and treatment. It’s unknown at that point what type of medical care, rehabilitation, corrective surgery or other treatment you will need in the future.

It’s also unknown how your injuries will affect you on a daily basis. Therefore, giving the defense attorney an off-the-cuff settlement number will often do more harm than good- especially at the outset of your case.

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.

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
25 Great Neck Road, Ste. 4
Great Neck, NY 11021
516-487-8207

Email: Gerry@Oginski-Law.com

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