medical malpractice lawyers

you're contemplating bringing a lawsuit andyou've heard that there are different ways that defense attorneys like to try and negotiatewhen they get to the point in your case where negotiations occur. you want to learn someof the best techniques that i've seen attorneys use in order to try and negotiate a case?come join me for a moment as i share with you some great information.hi, i'm gerry oginski, i'm a new york medical malpractice and personal injury attorney practicinglaw here in the state of new york. now, during the course of your lawsuit, it might be anaccident case or maybe a medical malpractice case, or even a wrongful death case. at somepoint during the course of the litigation, the attorneys may get into a discussion aboutsettlement. they may try and negotiate. they

may try and settle your case. now if the defenseattorney is ready to start negotiating, meaning he's conferenced the case with his insurancecompany and with his client and now they've given him permission and authority to go aheadand try and settle the case and they've given him an amount of money, which he doesn't discloseto us. now here's a couple different ways that attorneys,that really smart defense attorneys use in order to try and negotiate. there are someattorneys, defense attorneys, who will use what's known as the incremental method. theywill start very low, let's say for example the defense attorney has been authorized tosettle this case for a maximum of a million dollars. this defense lawyer may turn aroundand start out as his initial offer of offering

some low ball number, let's say like $400,000and from there he will slowly and incrementally go up little by little, depending upon theinformation that we have that we give as a counter offer.let's say he offers $400,000 and our original demand may have been three million dollars.well now after that $400,000, we have to strategize to see where exactly we think the defenseis and where we think they will ultimately come to. we're going to come down a littlebit. now the defense attorney is going to go up. maybe he'll go up to 500,000 and thenext counter and counter offer might be just incrementally just a little bit more and sohe has wiggle room to play, even though he has authority to offer a total of one milliondollars.

that's one strategy that really smart attorneyswill use and i find that those attorneys who use that particular strategy are ones whodo not know the other side. what do i mean? there's a lot to be said for an attorney who'sdealt with their adversary repeatedly on an ongoing basis, because of other cases thatthey've had together in the past. they develop a trust between each other and even thoughthey are adversaries and have opposing interests, there's still a level of trust recognizing,hey, if i give you everything i have, i can't negotiate any more, this is the maximum thati have. which brings me to the next point. there areother really smart attorneys who turn around and know that they've been given a milliondollars and they turn around to their adversary,

who they know, they recognize and they trustas being a worthy adversary and say listen, i've been given a million dollars by my client.i can't give you a million dollars right now. the maximum i can give you might be let'ssay $900,000. i need to save some money off the insurance policy. will you accept that?now they can have a decent discussion about whether or not the plaintiff's attorney cango ahead and accept that. here you have a different strategy, wherethe defense attorney comes right out and says, listen, this is what i've got, you eithertake it or you don't. if you take it, great, case is over and done and now i look likea hero to the insurance company because i've saved them some money. so why do i share thisgreat information with you? i share it with

you just to give you an insight and an understandinginto what goes on in the negotiation process in an accident case or a medical malpracticecase or even in a wrongful death case. i realize you've got questions or concernsabout your own matter and you're contemplating bringing a lawsuit here in new york. wellagain, if your matter happened here in new york and you've got legal questions, whati encourage you to do is, pick up the phone and call me. you know i answer questions likethese every single day and i'd love to talk to you. you can reach me at 516-487-8207 orby email at gerry@oginski-law.com. that's it for today's video. i'm gerry oginski, havea wonderful day.