Tag Archives: Oginski

NY Jury Asks for Calculator – Will Defense Settle? Medical Malpractice Attorney Oginski Explains



Jury Asks for Calculator…Will Defense Now Settle? NY Medical Malpractice Attorney Gerry Oginski Explains
http://www.Oginski-Law.com/
NY Medical Malpractice & Personal Injury Trial Lawyer
516-487-8207
Email: Gerry@Oginski-Law.com

I have seen it happen.
During the course of jury deliberations, the jury sent a note out to the judge.
It read “Judge, we would like a calculator please.”

What do you think attorneys think of when a jury requests a calculator while they are deliberating in a car accident case or a medical malpractice case or a wrongful death lawsuit?

You can be pretty sure the jury is not using a calculator to determine who, if anyone is responsible.

It’s also unlikely that the jury needs a calculator to determine whether the wrongdoing was a cause of the injuries.

It is likely however that the jury needs a calculator to figure out how much compensation the injured victim is entitled to.

The jury might want to determine how much pain and suffering the injured victim is going to receive if they give X dollars per year for the next 30 years of their life.

When the jury requests a calculator, it usually has to do with some type of damages…

It might be pain and suffering.
It might be economic loss.
It might be lost wages.

The reality is that we don’t know exactly why the jury has requested a calculator. We can reach all sorts of conclusions and make assumptions, but the reality is we don’t truly know why they asked for it.

The likely assumption is that the jury is calculating damages.

If settlement discussions have not been fruitful up until that point, this might be an appropriate time for the defense to start negotiating.

On the other hand, the defense lawyers may make a “calculated” decision that the request for calculator is not to award a significant amount of damages, but rather to give only a percentage of a potential large jury 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.

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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"Judge, Can I Show Jury This Photograph?" NY Car Accident Attorney Gerry Oginski Explains



“Judge, Can I Show the Jury This Photograph?”
NY Car Accident Attorney Gerry Oginski Explains
http://www.oginski-law.com/library/new-york-car-accidents-12-key-deposition-techniques-in-a-car-accident-case.cfm

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

During a car accident trial in New York, if I want to show a photograph to the jury, can I simply walk over to the jury box and hand the jurors a photograph?

Don’t I have to introduce that photograph into evidence first?
Does the witness have to authenticate that the photograph is accurate?
Do I have to show the photograph to my adversary first before I offer it into evidence?

Let’s say this is a car accident case where each driver claims that they have the green light. I want my client to get on the witness stand to be able to describe to the jury what the accident scene looked like. I want the jury to have a better and clearer understanding of where the traffic light was located and where the crosswalks were.

What better tool can I use than to show a photograph of where the accident happened?

Photographs are a wonderful way to show the jury, who clearly were not at the accident scene, exactly what it looked like on the day of the accident.

It gives the jury an opportunity to envision in their own minds what things looked like at that time.

Once the jury can see for themselves exactly what the place looked like, they will have a better understanding of the mechanics of how the accident occurred.

However, there are specific procedures that must be followed in order for me to get that photograph in front of the jury.

Specifically, I have to ask the court for permission to admit that photograph into evidence. The jury can only see the photograph if the court determines that I have met all the criteria necessary to authenticate and verify the information in the photograph is accurate and true.

If I am unable to do that, then I will likely not be able to use that photograph with the jury.

If, on the other hand, I am successful in getting the photograph admitted into evidence, then I can show the jury the photograph and have witnesses testify about what is contained within that photograph.

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 car accident cases work in the state of New York, I encourage you to explore my educational website, ‪http://www.oginski-law.com/library/new-york-car-accidents-12-key-deposition-techniques-in-a-car-accident-case.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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Does Judge Tell NY Jury How Much Money Your Case is Worth? Attorney Gerry Oginski Explains



Does Judge Tell NY Jury How Much Money Your Case is Worth? Attorney Gerry Oginski Explains
http://www.oginski-law.com/faqs/what-happens-if-a-judge-gives-the-wrong-legal-instructions-to-the-jury-at-the-end-of-a-medical-m.cfm
NY Medical Malpractice & Personal Injury Trial Lawyer
516-487-8207
Email: Gerry@Oginski-Law.com

There are some jurors who believe that at the end of the trial involving medical malpractice, an accident case or even a wrongful death case, the judge will tell the jury how much he believes the injured victim or their surviving family is entitled to.

Nothing could be further from the truth.

In New York, in civil lawsuits where an injured victim or the surviving family is trying to obtain compensation for all the harms and losses they suffered because of someone else’s negligence, the judge is NEVER, EVER to voice his own opinion about who is more likely right than wrong.

The judge is never to voice his opinion about how much money he believes the injured victim should receive.

In a jury trial where members of the community are called upon to come to a consensus about who they believe and who they don’t believe, it is the jury’s function to make a decision about how much money an injured victim should receive.

In a non-jury trial, the judge is known as the factfinder as well as the person who makes rulings of law. In that situation, the judge would then decide whether the injured victim was entitled to be compensated, and if so, how much.

In a jury trial, the judge CANNOT and WILL NOT give the jury any guidelines about how much compensation they should be giving to the injured victim. Instead, both the plaintiff’s attorney and the defense attorney will likely give the jury some idea about what each believes the injured victim is entitled to.

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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Juror Asks If There's Insurance Available; Brooklyn Accident Attorney Gerry Oginski Explains



Juror Asks If There’s Insurance Available; Brooklyn Accident Attorney Gerry Oginski Explains
http://www.oginski-law.com/library/juror-owns-stock-in-a-liability-insurance-casualty-company.cfm

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

This question comes up often during jury selection.
A juror wants to know if there is insurance available.
They want to know, in the event they reach a verdict and now make a decision to compensate my injured client.

The juror wants to know where the money is coming from.
The juror wants to know whether the money is coming out of the wrongdoer’s personal pocket.
The juror wants to know whether the money will be coming from someone’s insurance policy.

If the jurors are told that there is available insurance, you can immediately see the concern the defense attorneys would have if they knew this information.

There are some very educated and savvy jurors who recognize that in many different types of cases, there will be insurance available. However, even if someone makes the assumption that there is insurance available, there is a very specific way that we must respond to this question during jury selection.

It is critical that the jurors are told that we are NOT permitted to discuss whether there is or isn’t any available insurance.

There is a key reason for this…

The jury’s entire function is to decide this case based upon the evidence they hear in court. They are not to consider outside influences including whether there is or is not available insurance.

The jury’s function is to be the triers of fact. They are to determine whether we are more likely right than wrong.

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/juror-owns-stock-in-a-liability-insurance-casualty-company.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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Car Accidents in NY; Mediation May Prevent Need for Trial- Attorney Gerry Oginski Explains



Car Accidents in NY; Mediation May Prevent Need for Trial- Attorney Gerry Oginski Explains
http://www.oginski-law.com/faqs/why-does-mediation-save-money–time-and-the-uncertainty-of-a-trial-.cfm

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

An injured victim who is contemplating bringing a lawsuit for their car accident in New York may think that the only way to get compensated is by going all the way to trial. Many times that is the only way to get full and fair compensation.

However, did you also know that there is a procedure known as mediation that may help you avoid the need to proceed forward to trial?

Mediation is a private negotiation process that is used to try and get both sides to come to the negotiating table at some point prior to trial.

One or both sides may recognize the inherent uncertainties about taking the case to trial and the possible outcomes that can occur.

In some instances, both sides will recognize the benefits of proceeding to a private negotiation before trial in an attempt to try and settle your case before trial.

Not every mediation is successful.

However, it can often provide an ideal opportunity for each side to present their strong points, recognize their weaknesses and understand that a negotiated settlement option may be an ideal opportunity to resolve your case prior to trial.

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 car accident cases work in the state of New York, I encourage you to explore my educational website, http://www.oginski-law.com/library/car-crash-in-new-york—why-speed–time—distance–can-make-or-break-your-negligence-case.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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What is CIRCUMSTANTIAL EVIDENCE in a Civil Lawsuit in New York? Attorney Gerry Oginski Explains



What is CIRCUMSTANTIAL EVIDENCE in a Civil Lawsuit in New York?
http://www.oginski-law.com/blog/can-evidence-of-doctors-good-character-be-used-at-trial-.cfm
NY Medical Malpractice & Personal Injury Lawyer Gerry Oginski Explains
516-487-8207
Email: Gerry@Oginski-Law.com

Let’s say you’re driving down the highway.
You come upon a car that is smashed in.
The driver is bleeding badly.

There’s smoke coming out of the engine bay.
There are skid marks on the road.
You didn’t see what happened.

What conclusions can you draw from those observations?

(1) There had to have been some sort of accident.
Even though you didn’t see it, you know from your knowledge of how cars work that cars often don’t wind up on the side of the road without some type of accident.

(2) The driver suffered massive trauma.
You also know that in the absence of a terrible crash, drivers often don’t experience the terrible injuries that you witnessed.

(3) The smoke coming from the engine suggests this happened only moments ago.

But wait!
You DIDN’T SEE HOW THIS HAPPENED!
How can you draw those conclusions?

Those facts are evidence.
You’re missing the direct link that SHOWS YOU how this tragedy unfolded.
Since you weren’t there you know know precisely HOW THIS crash happened.

Your mind has already started piecing together how this happened.
Your mind begins to fill in the blanks where we don’t have direct evidence.

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

To learn more about how accident & medical malpractice cases work in the state of New York, I encourage you to explore my educational website, ‪http://www.oginski-law.com/blog/can-evidence-of-doctors-good-character-be-used-at-trial-.cfm

If you have legal questions and your matter happened here in New York and you’re thinking about bringing a lawsuit, 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
35 South Drive
Great Neck, NY 11021
516-487-8207

Email: Gerry@Oginski-Law.com

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Can You Switch Attorneys in Middle of Your Accident Case? NY Attorney Gerry Oginski Explains



Can You Switch Attorneys in Middle of Your Accident Case?
NY Accident Attorney Gerry Oginski Explains
http://www.oginski-law.com/blog/you-re-not-happy-with-your-attorney—can-you-go-to-another-attorney-in-the-middle-of-your-case-.cfm

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

When you sign up with an attorney for your accident case or your medical malpractice case or your wrongful death case, you are beginning a 2-3 year relationship.

As with any relationship, there must be good communication.
There must be a constant flow of information going back and forth.

There must be trust.
There must be understanding.
There must be a realization that your attorney is working in your best interests.

Just as in some relationships, the relationship between attorney and client can go bad.

There could be an endless number of reasons.

Poor communication.
Missed deadlines.
Failure to return a phone call.

And much much more.

What if the relationship has broken down so badly that you feel it’s time to get a new lawyer? Can you simply pick up and go to another attorney here in New York?

The answer is “Yes.”

Transferring your file is actually a simple matter.
Telling attorney #1 to stop all work is a simple matter.
Finding attorney #2 who is willing to take on your case in the middle of litigation may be challenging but is still possible.

It all depends on
(1) the extent of your injuries,
(2) whether there is liability on the part of the people you have sued and
(3) at what stage your case is at.

It’s important to know where in the litigation process your case is, since it will allow attorney #2 to determine how much legal work attorney #1 has done.

That will affect the percentage of the attorney’s fee that each lawyer can be expected to receive if you are successful.

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 accident & medical malpractice cases work in the state of New York, I encourage you to explore my educational website, http://www.oginski-law.com/blog/you-re-not-happy-with-your-attorney—can-you-go-to-another-attorney-in-the-middle-of-your-case-.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

source

Judge Doesn’t Care Who Wins or Loses – NY Car Accident Attorney Gerry Oginski Explains



Judge Doesn’t Care Who Wins or Loses
NY Car Accident Attorney Gerry Oginski Explains
http://www.oginski-law.com/library/new-york-car-accidents-12-key-deposition-techniques-in-a-car-accident-case.cfm
NY Car Accident & Personal Injury Trial Lawyer
516-487-8207
Email: Gerry@Oginski-Law.com

In cases that involve jury trials including medical malpractice cases, car accident cases and wrongful death cases, did you know that the judge in charge of your trial doesn’t care who wins or who loses?

It’s true.

The judge plays no part whatsoever in coming to a decision about whether we have shown that we are more likely right than wrong that what we are claiming is true.

Instead, that is the jury’s function.

The jury, comprised of six people from the community who are required to reach a decision about whether we have shown that we are more likely right than wrong that what we are claiming is true.

The judge has a separate function.

The judge is in charge of how the case progresses.
The judge is in charge of what evidence is admitted.
The judge is in charge of what testimony is presented.
The judge is in charge of scheduling and making rulings of law.

The judge does not even offer an opinion to the jury about who he believes is entitled to a verdict. If he were to give the jury an opinion, that would be reversible error on appeal.

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 car accident cases work in the state of New York, I encourage you to explore my educational website, ‪http://www.oginski-law.com/library/new-york-car-accidents-12-key-deposition-techniques-in-a-car-accident-case.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

source

What Happens if you Don’t Timely File Lawsuit? NY Medical Malpractice Attorney Oginski Explains



What Happens if you Don’t Timely File Lawsuit?
NY Medical Malpractice Attorney Gerry Oginski Explains
http://www.oginski-law.com/faqs/what-is-continuous-treatment-for-purposes-of-extending-the-time-i-have-to-file-a-lawsuit-i.cfm

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

You were hurt.
In a car accident.
Or from a careless doctor.

You’re not the type to sue.
Anyway, you want to wait till your injuries heal up before deciding what you want to do.

You wait weeks.
You wait months.
Still your injuries have not completely healed.

You’ve heard that you have years within which to file a lawsuit.
Years go by and you still have residual injuries.
You are clearly disabled and unable to do many activities.

Yet, somehow, you think you still have time to file a lawsuit.
You ‘heard’ that injured victims have many years in which to file suit.

The reality is that you don’t.
The time to file a lawsuit for the injuries you suffered here in New York is NOT unlimited. You don’t always have years.

The time to file a lawsuit is different for many different types of cases…

For example, the time to file a car accident lawsuit is different than the time you have to file for medical malpractice. If you file a wrongful death lawsuit, the time is totally different than a car accident or medical malpractice case.

If a municipality or the state were responsible for your injuries, those time limits are totally different than for a car accident, malpractice or death case.

If you were a child when the wrongdoing happened, that time to file suit is also different.

The bottom line is that you don’t have an unlimited amount of time to file. If you wait to file until your injuries have healed, it’s possible the time to file your lawsuit will have expired.

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/faqs/what-is-continuous-treatment-for-purposes-of-extending-the-time-i-have-to-file-a-lawsuit-i.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

source

Judge Testifies During My Very First Car Accident Trial; NY Trial Attorney Gerry Oginski Explains

Judge Testifies During My Very First Car Accident Trial; NY Trial Attorney Gerry Oginski Explains

Judge Testifies During My Very First Car Accident Trial in Brooklyn
NY Trial Attorney Gerry Oginski Explains
http://www.oginski-law.com/library/new-york-car-accidents-12-key-deposition-techniques-in-a-car-accident-case.cfm
NY Car Accident & Personal Injury Trial Lawyer
516-487-8207
Email: Gerry@Oginski-Law.com

This was my very first trial.
It was a car accident case.
In Brooklyn.
At 111 Livingston St., downtown.

I was defending a driver who was being sued in this particular accident.
I was excited.
I was nervous.

We were going to be trying liability first to determine who, if anyone, was responsible for causing this accident.

If the injured victim was able to show that they were more likely right than wrong that what they were claiming was true and that my client was responsible for causing the accident, then we would move to the second phase of the trial which was to determine how much compensation the injured victim should receive.

That’s also known as the damages portion of a trial.

After picking a jury and then making opening arguments and then taking testimony from the injured victims’ witnesses, it was now my turn to present our evidence.

I called my client to the witness stand.
He was a nice gentleman.
From Brooklyn.
He had lived in Brooklyn all of his life.

While questioning my client during direct examination, where I asked him open-ended questions such as who, what, why, where, when and how, something unbelievable happened.

I never expected this to occur. They never taught us this in law school. There was nothing about this in any of the textbooks I had read on trial practice.

It turns out, my opponent, an attorney with many years of experience had also never seen or heard of this happening.

Remember, I am a novice, wet behind the ears, young trial attorney trying my very first case.

Watch the video to learn exactly what happened while questioning my client. Thankfully, in more than 24 years, this episode has never repeated itself.

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 car accident cases work in the state of New York, I encourage you to explore my educational website, http://www.oginski-law.com/library/new-york-car-accidents-12-key-deposition-techniques-in-a-car-accident-case.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

The #1 Question to Ask Every NY Personal Injury & Accident Attorney; Gerry Oginski Explains

The #1 Question to Ask Every NY Personal Injury & Accident Attorney; Gerry Oginski Explains

The #1 Question to Ask Every NY Accident Attorney; Gerry Oginski Explains
http://www.oginski-law.com/library/how-to-choose-an-attorney-online.cfm
NY Medical Malpractice & Personal Injury Trial Lawyer
516-487-8207
Email: Gerry@Oginski-Law.com

When you are considering hiring an attorney to represent you in an accident case here in New York, what is the most important question you need to ask each attorney you speak to?

Keep in mind that every lawyer you are going to talk to is going to tell you similar things.

Each lawyer will tell you that they have experience handling your type of case.

Each attorney is going to reassure you that they have been successful with similar types of cases.

NO ATTORNEY CAN GUARANTEE ANY TYPE OF RESULT

As you know, no attorney can ever guarantee a particular result.

So here’s the real question I have for you as you are reading this…

If each lawyer you speak to claims to have similar experience and has achieved similar results, and no attorney can never guarantee a result, how do you tell one attorney apart from the other?

What’s really different about one lawyer compared to the other?

Assuming they both practice in same area of law and have been in practice the same number of years, how are they really different?

A you the type of person to be swayed by fancy office furniture and a fancy office address?

Do you prefer to have lots of attorneys working in the firm? Do you prefer to have a case manager speak you instead of an attorney?

Or do you prefer to have more personalized attention and deal with a solo practitioner or small firm of 2-5 attorneys?

There lot of things to consider when deciding which attorney is right for you.

WHAT’S YOUR GOAL?

Your goal as an injured victim who is seeking a lawyer to represent you in your accident matter is to become as educated about the legal process and knowledgeable about how these types of cases work before you ever pick up the phone to speak to an attorney.

Only then can you truly make an educated decision about which attorney is right for you.

Watch the video to learn the key question you need to ask each attorney and then what question you need to ask yourself to determine if that lawyer is right for you.

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/how-to-choose-an-attorney-online.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

NY Car Accident Case; Can You Settle After Liability Verdict? Attorney Gerry Oginski Explains

NY Car Accident Case; Can You Settle After Liability Verdict? Attorney Gerry Oginski Explains

NY Car Accident Case; Can You Settle After Liability Verdict? Attorney Gerry Oginski Explains
http://www.oginski-law.com/library/new-york-car-accidents-12-key-deposition-techniques-in-a-car-accident-case.cfm
NY Car Accident & Personal Injury Trial Lawyer
516-487-8207
Email: Gerry@Oginski-Law.com

When your car accident case goes to trial in New York, your case will be tried in two different parts. The first part is ‘liability’, to determine who, if anyone, is responsible for your accident.

If you are successful in showing that you are more likely right than wrong that the other driver caused your accident, then your case will proceed to the second phase of the trial.

That will be to evaluate the extent of your injuries and to determine how much compensation the jury is going to give it to you.

Some injured victims want to know if it is still possible to settle their case after they have obtained a verdict in their favor during the first part of their trial.

In other words, if you win liability, can you now try and settle your case?

The answer is “Yes.”

You can try and settle after a liability verdict in your favor.

In many instances, the defense will be more receptive to try and settle with you once they recognize that they are fully responsible for the happening of your accident.

If your negotiations are unsuccessful and a jury now evaluates how much compensation to give to you for all the injuries you have suffered, even after such a verdict it is still possible that you can settle your case after a damages verdict.

You might ask yourself “Why would I consider settling my case after a jury has given me compensation for all of my injuries?”

THE REASON…

The defense will ask the trial judge to reduce your verdict or throw out your verdict claiming it is against the weight of the evidence.

Then, they have the option of appealing.

An appeal can take 1-2 years to complete and the outcome is always uncertain.

In an effort to avoid uncertainty together with the risks to both sides associated with an appeal, all parties may decide to enter into settlement negotiations even after a verdict is rendered.

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 car accident cases work in the state of New York, I encourage you to explore my educational website, ‪http://www.oginski-law.com/library/new-york-car-accidents-12-key-deposition-techniques-in-a-car-accident-case.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

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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Car Accidents in NY; Mediation May Prevent Need for Trial- Attorney Gerry Oginski Explains

Car Accidents in NY; Mediation May Prevent Need for Trial- Attorney Gerry Oginski Explains

Car Accidents in NY; Mediation May Prevent Need for Trial- Attorney Gerry Oginski Explains
http://www.oginski-law.com/faqs/why-does-mediation-save-money–time-and-the-uncertainty-of-a-trial-.cfm

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

An injured victim who is contemplating bringing a lawsuit for their car accident in New York may think that the only way to get compensated is by going all the way to trial. Many times that is the only way to get full and fair compensation.

However, did you also know that there is a procedure known as mediation that may help you avoid the need to proceed forward to trial?

Mediation is a private negotiation process that is used to try and get both sides to come to the negotiating table at some point prior to trial.

One or both sides may recognize the inherent uncertainties about taking the case to trial and the possible outcomes that can occur.

In some instances, both sides will recognize the benefits of proceeding to a private negotiation before trial in an attempt to try and settle your case before trial.

Not every mediation is successful.

However, it can often provide an ideal opportunity for each side to present their strong points, recognize their weaknesses and understand that a negotiated settlement option may be an ideal opportunity to resolve your case prior to trial.

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 car accident cases work in the state of New York, I encourage you to explore my educational website, http://www.oginski-law.com/library/car-crash-in-new-york—why-speed–time—distance–can-make-or-break-your-negligence-case.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

NY Car Accidents...Why Speed, Time & Distance are Important; Attorney Gerry Oginski Explains

NY Car Accidents…Why Speed, Time & Distance are Important; Attorney Gerry Oginski Explains

NY Car Accidents…Why Speed, Time & Distance are Important; Attorney Gerry Oginski Explains
http://www.oginski-law.com/library/new-york-car-accidents-12-key-deposition-techniques-in-a-car-accident-case.cfm
NY Medical Malpractice & Personal Injury Trial Lawyer
516-487-8207
Email: Gerry@Oginski-Law.com

In every car accident case I need to know the driver’s speed, time and distance.

Knowing those three things will help me establish liability, or who was responsible for the accident.

If we are claiming that a careless driver went through a red light and caused significant injury, I need to know:

(1) His speed at a certain point before the impact occurred,
(2) How far away he was when he first saw your car,
(3) How long it took him to travel that distance.

Even if he only knows two out of those three questions, I can actually calculate the remaining third one.

For example, if he only knows his speed and the time it took him to travel a certain distance, then I can figure out exactly how far he traveled in that time.

If on the other hand he doesn’t know his speed but he can estimate how long it took him to travel from one point to another, then we can calculate how fast he was going.

These three factors help establish whether the careless driver followed the rules of the road or was negligent in violating the basic rules of the road designed to keep motorists and pedestrians safe.

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 car accident cases work in the state of New York, I encourage you to explore my educational website, ‪http://www.oginski-law.com/library/new-york-car-accidents-12-key-deposition-techniques-in-a-car-accident-case.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

Your Car Accident Case Is Tried in 2 Parts; NY Trial Attorney Gerry Oginski Explains

Your Car Accident Case Is Tried in 2 Parts; NY Trial Attorney Gerry Oginski Explains

Your Car Accident Case Is Tried in 2 Parts
NY Trial Attorney Gerry Oginski Explains
http://www.oginski-law.com/library/new-york-car-accidents-12-key-deposition-techniques-in-a-car-accident-case.cfm
NY Medical Malpractice & Personal Injury Trial Lawyer
516-487-8207
Email: Gerry@Oginski-Law.com

Have you ever heard of the phrase “bifurcated trial?”

If you haven’t, it’s a fancy term meaning that the trial is split in half.

Now why would your car accident case be tried in two separate parts?

The simple answer is that after determining who is actually responsible for the accident, there is more of an incentive to try and settle the case once a jury has the term and who is legally responsible.

The common belief was that why should litigants have to try an entire trial lasting many days or weeks when half the trial could be done in the majority of cases will settle following that liability verdict.

It’s primarily a convenience issue. Convenience for the court and the litigants. If it turns out that the people you have sued are not legally responsible for your accident, then the jury never has to consider all of the injuries and damages you suffered. Then the court never has to continue the trial and spend days or weeks listening to testimony from both sides establishing all of your damages.

There are some limited instances in New York where an injured victim will have what’s known as a “unified trial.”

That simply means that your entire trial be tried as one case and heard at the same time.

However, the majority of these car accident crashes that go to trial we will typically try liability first, to determine who is legally responsible for the happening of your accident. If the jury determines that the defense is responsible, then your case will proceed forward with the second part of the trial to determine how much compensation you are to receive for the injuries and losses you have experienced.

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 car accident cases work in the state of New York, I encourage you to explore my educational website, http://www.oginski-law.com/library/new-york-car-accidents-12-key-deposition-techniques-in-a-car-accident-case.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

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

source

You Can’t SEE PAIN On An X-Ray! New York Car Accident Attorney Gerry Oginski Explains



You Can’t SEE Pain On An X-ray
New York Car Accident Attorney Gerry Oginski Explains
http://www.oginski-law.com/library/can-you-see-pain-on-an-x-ray-.cfm
516-487-8207
Email: Gerry@Oginski-Law.com
#medicalmalpractice
#medicalmalpracticelawyer

The x-ray was ‘normal’.
There were no fractures.
Yet you still had pain.

Lots of pain.
Back pain.
Arm pain.

Leg pain.
Pain that didn’t go away with heat.
Pain that didn’t go away with ice.

Pain that didn’t go away with pain killers.
Not with advil.
Not with Tylenol.

Not with stronger pain meds either.
Yet the defense lawyer kept harping on your ‘normal’ x-ray.
“How could you be in so much pain if your x-ray was normal?” he wanted to know.

He kept insinuating to the jury that because your x-ray was normal, there’s no possible way you should be in this much pain.

He didn’t get it.
He didn’t understand.
He didn’t recognize that you can still have significant back, leg and body pain without having any fracture.

You could have neurological injury.
You could suffer neurological trauma.
You could suffer damage to the nerves that impact your mobility.

He didn’t get it.
The point is that YOU CAN’T SEE PAIN ON AN X-RAY.
It’s that simple.

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

To learn more about how accident & medical malpractice cases work in the state of New York, I encourage you to explore my educational website, ‪http://www.oginski-law.com/library/can-you-see-pain-on-an-x-ray-.cfm

If you have legal questions and your matter happened here in New York and you’re thinking about bringing a lawsuit, 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
35 South Drive
Great Neck, NY 11021
516-487-8207

Email: Gerry@Oginski-Law.com

source

Car Accident Leads to Misdiagnosed Spine Fracture...Find Out How; NY Attorney Oginski Explains

Car Accident Leads to Misdiagnosed Spine Fracture…Find Out How; NY Attorney Oginski Explains

Car Accident Leads to Misdiagnosed Spine Fracture…Find Out How; NY Attorney Oginski Explains
http://www.oginski-law.com/library/new-york-car-accidents-12-key-deposition-techniques-in-a-car-accident-case.cfm
NY Medical Malpractice & Personal Injury Trial Lawyer
516-487-8207
Email: Gerry@Oginski-Law.com

It was a minor car accident.
Not a lot of damage.

He had some pain in his low back.
It was getting worse.
He decided to see a chiropractor.

Before starting treatment, the chiropractor sent him for x-rays.
The radiologist interpreted the x-rays as “normal.”

The chiropractor therefore started his chiropractic manipulations.
After the first manipulation, he felt better.

The chiropractor continued these manipulations three times a week.

The patient was supposed to get better.
Instead, he got worse.
Much worse.

Pain.
Significant pain.
Severe pain after each chiropractic treatment.

He finally decided to go to an orthopedist.
The orthopedist took x-rays.
The orthopedist realized what the problem was.

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 accident cases work in the state of New York, I encourage you to explore my educational website, http://www.oginski-law.com/library/new-york-car-accidents-12-key-deposition-techniques-in-a-car-accident-case.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