The defense wants to negotiate.
They ask, "What's your bottom line number
on this case?"
We give them our bottom line number.
What happens though if they come back with
less or slightly less than our bottom line
number?
Do you want to know the answer?
Come join me 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.
Now in your accident case or medical malpractice
case or even wrongful death case, the defense
finally comes to us and said, "Listen, we'd
like to start negotiating.
Tell me what your bottom line number."
If we tell them what our bottom line number
is and they come back with less than our bottom
line number, what options do we have?
Let's say, for example, we tell them our bottom
line number is $1 million and they come back
and say, "We'll offer you $950,000."
What happens then?
We told them what our bottom line number was.
Our demand might have been $3 million and
now they turn around and offer $950,000.
Do you take it or not?
Well now you have a number of options to consider.
We've already told them what our bottom line
number is right?
That technically means that we will not accept
anything less than that.
What if they came back with $990,000?
Would you still reject it?
There are some injured victims who would turn
around and say, "No.
I won't take a penny less than this amount."
In that instance, they will fight tooth and
nail just to get that bottom line number.
This is a strategy by the defense and the
insurance companies to try and low ball you
each and every time.
They ask for your bottom line number and then
they're going to come in with a number that
approaches, doesn't reach, but approaches
the number that you told them.
Now, many of the attorneys that I deal with
are very upfront and very straightforward.
They will say, "Listen, if I can get you that
bottom line number, will it settle the case?"
If the answer is yes, then the straightforward
attorneys, the ones who I respect, who are
great trial attorneys, will come back.
If they get authority from the insurance company
they will come back and say, "OK, I got you
$1 million.
Case is settled.
We're done."
As opposed to somebody coming back and say,
"OK.
The best I could do is $950,000."
Now, I'm obligated to discuss this with my
client and now I have to tell my client the
risks associated with turning down such a
significant offer.
One of the key risks is is it worthwhile to
fight over $50,000; to take your case all
the way to trial over $50,000?
It might be but then again it might not.
That's a significant conversation that has
to take place when it happens.
To come back and say, "OK.
I'll give you $975,000 or better yet, I'll
give you $995,000 or $997,500."
Approaching the bottom line number but not
quite there.
Why do I share this information with you?
I should, well just to give you a sense of
what goes on in these types of civil law suit
when the defense wants to negotiate and they
ask for a bottom line number.
I recognize you're watching this because you've
got questions or concerns about your own particular
matter.
If your matter did happen here in New York
and you've got legal questions, what I encourage
you to do is pick up the phone and call me.
I can answer your legal questions.
This is something I do every single day and
I'd love to talk to you.
You can reach me at 516-487-8207 or by email
at Gerry@Oginski-Law.com.
That's it for today's video.
I'm Gerry Oginski.
Have a wonderful day.
