The defense attorney calls me and says, Mr. Oginski, we’d like to settle this case. We’re now offering you $1 million. Will you accept our offer Can I as the attorney, agree to settle the case without getting my client’s consent or approval 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 Attorney practicing law in the state of New York. You might jump the gun and say, Of course the attorney can.
Settle this case. Well, the reality is, no. As an attorney in New York, there is no way possible that I can ever settle a case without getting my client’s consent and approval. It is prohibited, ethically prohibited. I cannot go ahead and tell the defense attorney, Yes, I can settle this case for $1 million. Case is done and over. Send me the closing papers. Send us the check. It’s not going to happen. I have to have a discussion with my client. The appropriate best practices response is, listen, when I.
Get the call from the defense attorney and he says, We’d like to offer you $1 million dollars to settle this case, my response is, Thanks so much for your offer. I have to discuss this with my client. I’m not so sure he’s going to be willing to accept this particular offer, but I’ll get back to you. I hang up with the defense attorney. I go ahead and call my client and I just let him know that the defense attorney has made an offer to settle for $1 million. We can have an intelligent conversation about whether.
Can I Settle a Case WITHOUT My Clients Consent NY Medical Malpractice Attorney Oginski Explains
Or not I believe this case is worth $1 million. We can discuss the risks of either accepting the offer or not accepting the offer. We’ll discuss what the alternatives are. If I think that the offer is appropriate, I will give you my recommendation that it’s appropriate. If I think it’s not appropriate, I have an obligation to you as my client to tell you, No, this is not an appropriate offer. It’s not the full value of your injuries. I think your case is worth this much. Based upon my recommendations together with.
An assessment of the risks of going to trial, you have to come to a decision, an educated decision about whether or not to accept the defenses offer. Once you have made your decision, I can get on the phone with the defense attorney and let him know your decision. Either we go ahead and accept the offer, or we make a counteroffer or we say, No, we’re not accepting it , and we’ll go to trial. There are a number of different options available once I receive the offer. To go back to the question in the headline, can I, as the attorney.
Representing the injured victim, settle a case on behalf of my client without getting permission and authorization from them The answer is, absolutely, no. Why do I share this great information with you I share it with you just to give you an idea of what goes on during the negotiation process in a civil case involving a medical malpractice matter, a wrongful death matter, or even an accident matter here in New York. I realize you’re watching this because you’ve got questions or concerns about you own particular matter. If your case happened here in New York and.