If Ny Accident Case is So Disputed, Why Would Case Ever Settle? Ny Accident Attorney Explains

Why would an accident case or even a malpractice case or even a wrongful death case settle? Would you like to learn what goes on behind the psychology of about why a case would even settle? Come join me as I share with you this great information. 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. One side believes that somebody did something wrong the other side says no I didn't do anything wrong. One side said hey, you're responsible for my injuries the other side said no I'm not responsible for your injuries. So there are clear disputes in every type of accident or medical malpractice or wrongful death case. So the real question is why would parties settle a case? Well there's a basic reason for that. The reason is that when the case goes to trial nobody -- no side -- knows what's going to happen. When a case goes to trial, there is a calculated risk not just on the side of the party bringing a lawsuit but also on the side of who is defending the lawsuit. Nobody knows what a jury is going to do. You can have the best case in the world and a jury can ultimately dismiss your case, throw it out and claim that you're not entitled to compensation. A settlement may come about because one side or the other or both recognize that it is worthwhile to try and limit the risk, limit the chances that they are either going to get thrown out or get a verdict below what they want or not risk getting hit for a verdict over and above what they think is worth. An associated with that are the costs, the efforts, the resources that go into defending a case, prosecuting a case, taking a case all the way to verdict then going ahead with appeals and years and years of litigation. So weighing all those different factors into effect, now we get to the realization of OK how much can we reasonably expect to settle this case for and is it worthwhile (our time, effort and energy) to prosecute this entire case, go all the way to trial, go all the way through appeals. Or do we instead try to settle this case for a number that we believe is reasonable, that everybody is going to be unhappy with? Because there's a saying in law that if everybody is unhappy in a settlement that must be you've done something right. But the reality is that there are certain numbers and values associated with each and every case. Each and every injured victim has a different value. Why? Because each case is different. Each injury will affect you differently compared to somebody else. So that's why when injured victims come into the office and they say "Hey, I don't understand. Why did this case settle for a $1 million dollars and why did that one settle for $250,000? Why did this one settle for $3 million dollars?" And they try to compare their case to somebody else's case that they heard about a case that settled. Every case is different. 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 psychology about why a case may settle. Now, not every case will settle and we will have to try a good number of cases. But the reality is many of these cases do settle. And you know, I recognize you have questions or concerns about your own particular matter. And if your matter happened here in New York and you do have 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 that I do every single day and I welcome your call. You can reach me at 516-487-8207 or by email at Gerry@Oginski-law.com. Well that's it for today's quick video. I'm Gerry Oginski, have a wonderful day!