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What happens if the defense makes a settlement offer that I recommended but for whatever
reason you rejected? Would you like to learn what happens? Come join me as I share with
you the answer. Hi. I’m Gerry Oginski. I’m a New York medical malpractice and personal
injury trial attorney practicing law here in the state of New York. First of all, anytime
a settlement offer is made by the defense, I have an ethical obligation to tell you (the
client) about that offer. And why is that? Because this involves you, it involves a key
component of your case. Remember, you’re bringing a lawsuit seeking compensation for
your injuries, seeking money. And now, if the defense has actually come up with an offer
– no matter what the offer is – I have an ethically obligation to tell you about
it. Now, once I tell you about it I also have an obligation to then give you my opinion
as to whether or not I think the offer is appropriate. It is either is or isn’t and
now it’s also my obligation to go through with you all the risks and benefits associated
with either rejecting the offer or accepting the offer. You have the ability to say no,
that’s not sufficient. I want more or this is what we need to settle this case. And if
you decide to reject that offer, I now have an obligation to go back to the defense attorney
and let them know, “Hey, I just wanted to let you know my client has rejected the offer.”
Now I’ll get another understanding as to whether or not there is any more room to negotiate.
And if so, we’ll continue the conversation. Now a settlement offer can come at any point
during the litigation process, to where you just start the case all the way through – even
through and including during trial. And you know, if we’re at trial, there’s a good
possibility that if you decide not to accept the settlement offer than I am recommending
in all likelihood I will put you on the witness stand outside the presence of the jury (so
the jury will be excused). And I will put you on the witness stand and I will question
you. Because I now want to get information from you and I want you to testify that I
have informed you that the defense has made a particular offer. I am recommending that
particular offer and here’s why. And now, I want your understanding and I want you to
testify that I told you about the offer. I told you about the risks of going forward
with the jury verdict, knowing full well that you may get less or no money at all. And this
way the testimony is on the record and the judge may want to question you as well about
your understanding of our discussions and your understanding of the risks involved with
proceeding forward. So why do I share this information with you? Well I do that to give
you an insight and an understanding as to what happens in the litigation process when
a settlement offer is made. In all likelihood, you have questions and concerns about your
own matter. And if you’re contemplating bring a case and your matter happened here
in the state of New York, what I encourage you to do is pick up the phone and call me.
I answer legal questions like yours every single day. You can reach me at 516-487-8207
or by email at lawmed10@yahoo.com. I’m Gerry Oginski, here in New York. Thanks so much
for watching.