You’re contemplating bringing a lawsuit and
you’ve heard that there are different ways that defense attorneys like to try and negotiate
when they get to the point in your case where negotiations occur. You want to learn some
of 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 practicing
law here in the state of New York. Now, during the course of your lawsuit, it might be an
accident case or maybe a medical malpractice case, or even a wrongful death case. At some
point during the course of the litigation, the attorneys may get into a discussion about
settlement. They may try and negotiate. They may try and settle your case. Now if the defense
attorney is ready to start negotiating, meaning he’s conferenced the case with his insurance
company and with his client and now they’ve given him permission and authority to go ahead
and try and settle the case and they’ve given him an amount of money, which he doesn’t disclose
to us. Now here’s a couple different ways that attorneys,
that really smart defense attorneys use in order to try and negotiate. There are some
attorneys, defense attorneys, who will use what’s known as the incremental method. They
will start very low, let’s say for example the defense attorney has been authorized to
settle this case for a maximum of a million dollars. This defense lawyer may turn around
and start out as his initial offer of offering some low ball number, let’s say like $400,000
and from there he will slowly and incrementally go up little by little, depending upon the
information 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 defense
is and where we think they will ultimately come to. We’re going to come down a little
bit. Now the defense attorney is going to go up. Maybe he’ll go up to 500,000 and the
next counter and counter offer might be just incrementally just a little bit more and so
he has wiggle room to play, even though he has authority to offer a total of one million
dollars. That’s one strategy that really smart attorneys
will use and I find that those attorneys who use that particular strategy are ones who
do not know the other side. What do I mean? There’s a lot to be said for an attorney who’s
dealt with their adversary repeatedly on an ongoing basis, because of other cases that
they’ve had together in the past. They develop a trust between each other and even though
they 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 that
I have. Which brings me to the next point. There are
other really smart attorneys who turn around and know that they’ve been given a million
dollars and they turn around to their adversary, who they know, they recognize and they trust
as 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’s
say $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 can
go ahead and accept that. Here you have a different strategy, where
the defense attorney comes right out and says, listen, this is what I’ve got, you either
take it or you don’t. If you take it, great, case is over and done and now I look like
a hero to the insurance company because I’ve saved them some money. So why do I share this
great information with you? I share it with you just to give you an insight and an understanding
into what goes on in the negotiation process in an accident case or a medical malpractice
case or even in a wrongful death case. I realize you’ve got questions or concerns
about your own matter and you’re contemplating bringing a lawsuit here in New York. Well
again, if your matter happened here in New York and you’ve got legal questions, what
I encourage you to do is, pick up the phone and call me. You know I answer questions like
these every single day and I’d love to talk to you. You can reach me at 516-487-8207 or
by email at [email protected] That’s it for today’s video. I’m Gerry Oginski, have
a wonderful day.