Monday, December 17, 2012
NY Car Accident Attorney Gerry Oginski Explains
You suffered a really bad car accident and broke your femur. You are now recuperating at home and decide to go for a walk one day on crutches outside your home. Your nosy neighbor is walking his dog and stops to chat with you.
He learns about your horrific accident and naturally asks whether you are going to be bringing a lawsuit. You respond "Yes."
He then asks you "How much are you suing for?"
While instantly trying to come up with a way to avoid answering the prying question, let me share with you some information that might help you formulate the right answer.
If this were a medical malpractice lawsuit the answer would be simple.
You would simply tell him that in New York we are not permitted to put an actual number on the lawsuit papers. The rationale behind that thinking is that ultimately the jury will be the one to decide how much compensation you are to receive as a result of wrongdoing by a doctor or hospital here in NY.
With a car accident case or a negligence case, the answer is much different. In fact, we are absolutely required to put down a number of how much you are suing for.
However, what your neighbor does not know is that the number that we put down on the lawsuit papers has absolutely no rational relationship to the true value of your injuries.
It would be helpful to explain to him that the reason a large number is put down in the lawsuit papers is simply an artificially high and inflated number designed to protect you in the event a jury comes back and awards you a significant amount of compensation over and above what you believe you were originally entitled to.
For example, if you put down your lawsuit papers that you are only entitled to $500,000, and a jury awards you $5 million, the maximum you could receive is only $500,000.
On the other hand, if you were to claim that you are entitled to $10 million and the jury now awarded you $1 million, you would be able to receive that amount simply because you indicated in your lawsuit papers that you are entitled to a larger amount than you originally thought.
Your neighbor needs to know, quite clearly, that the amount you are suing for has absolutely no relationship whatsoever to the amount of compensation you will ultimately receive or what the true value of your injuries are worth.
Watch the video to learn more...
Here's a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client.
Here's a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering.
To learn more about how medical malpractice cases work in the state of New York, I encourage you to explore my educational website.
If you have legal questions, I invite you to pick up the phone and call me at 516-487-8207 or by email at email@example.com. This is what I do every day and I'd be happy to chat with you.
Law Office of Gerald Oginski
25 Great Neck Road, Ste. 4
Great Neck, NY 11021