A Settlement Offer Is Made; I Recommend It, You Reject It. What Now? Attorney Gerry Oginski Explains

Posted almost 2 years ago. Applies to New York, 1 helpful vote


The defense makes an offer to settle your case. It might be an insulting offer. Nevertheless, I am obligated to tell you about their offer.

On the other hand, if an attractive settlement offer is made and I recommend taking it, what happens if you reject the offer?

First, any time a settlement offer is made, I have an ethical obligation to tell you about it. It is ultimately your decision whether to accept any settlement offer. My goal is then to educate you about the risks and benefits associated with either accepting the offer or rejecting the offer.

If you reject the offer, then you need to know about all the risks associated with proceeding to trial. This is done to educate you about your chances of going forward.

I always ask my clients whether they like to gamble. That question always raises an eyebrow from them. I ask them if they like to take chances. The reason I ask these questions is because anytime we go to trial and take a verdict, the outcome is always unknown.

No matter what type of case we have and what type of experts we have brought in to support our case, there is always the possibility that the outcome may be different than what you want or expect.

As the injured victim was brought lawsuit, you have the right to either accept a settlement offer or reject it. If you reject a good settlement offer that means you will force the case to go to trial and take a verdict. In some instances a jury will award you much more than was offered, which means that you will now deal with the appeals process and your case will continue on much longer.

In other instances the jury may award you less than what was offered during settlement negotiations or nothing at all.

Watch the video to learn more...

Additional Resources

Gerry's Medical Malpractice YouTube Channel

Gerry's Educational Medical Malpractice Website

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