Tag Archives: negotiation strategy

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?”

NY Medical Malpractice & Personal Injury Trial Lawyer
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

Email: Gerry@Oginski-Law.com