Do you think during settlement negotiations
that the insurance company has ever turned around and simply agreed to the amount of
money the plaintiff’s attorney, the injured victim’s attorney has asked for? You want
to know what this is about? 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 trial lawyer
practicing law here in the State of New York. Do you really think that during the course
of negotiating, whether it’s a car accident case, whether it’s a medical malpractice case
or wrongful death case, no matter how strong your case is and you ask for let’s say five
million dollars, have you ever heard of a defense insurance company turning around and
saying “You know what? You’re absolutely right. You are entitled to five million dollars.
We’re going to cut you your check for five million dollars. Thank you very much,” and
that negotiation lasts all of 30 seconds? The reality is that never, ever happens. You
want to know why? Because there are two different, competing agendas. Your attorney, the plaintiff’s
attorney, their agenda is to get as much compensation for you as possible. What’s the defense’s
agenda? To try and limit the amount of exposure, the amount of money that they are required
to give to you as compensation. When you have two competing interests, now
when you make a demand of how much money you believe you are entitled to, the insurance
company, what’s their first knee-jerk reaction? Absolutely not. Your case is not worth that
much. Instead, we think your case is worth this amount. Now they may make an offer that’s
significantly different than the amount of money you’ve just requested. Now there’s a
clear difference. What happens then? Now you enter into negotiations. Again, assuming of
course that the insurance company is willing to negotiate. In some cases they take the
position and say “Listen, this is a no-pay case. We don’t believe we have any legal responsibility
here. Therefore we’re not going to pay anything unless a jury forces us to.” If you ever hear
anybody tell you “Hey, our negotiations with the insurance company was a simple thing.
All we did is call them up, tell them we wanted five million dollars. Next thing you know,
in 30 seconds they said ‘Absolutely. Here you go. Here’s your check,” it doesn’t happen
that way. Why do I share this quick story with you?
I share it with you to give you an insight and an understanding into what happens during
the negotiation process in civil lawsuits involving a car accident, medical malpractice,
and wrongful death matters here in the State of New York. I realize you’ve got questions
or concerns about your own particular matter. If you’re contemplating bringing a lawsuit
and you’ve got questions, what I encourage you to do is pick up the phone and call me.
You know I answer questions like yours every single day and I’d love to chat with 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.