(1) You lied.

(2) You are abrasive and demanding.

(3) Your injuries are NOT significant.

Those three reasons are more than enough for an attorney in NY to say "I'm sorry, I can't take your case."


Let's start with the lying.

If you lie, you're done.

If you lie, you've got credibility problems.

If you lie about one little thing, the defense will learn of it.

Once the defense finds out about your lie, they will continue to dig to search for other lies.

If your case goes to trial, the defense lawyer will ask the judge for a special legal instruction for the jury.

That legal instruction is specifically for liars.

Actually, the legal instruction is for the jury.

It's ABOUT liars.

It's a very dangerous legal instruction.

Dangerous IF you have lied about something in your case.


Because your credibility is everything in your case.

If you cannot be believed, the jury will turn you away without a dime.

That's a fact.

If the jury believes you have lied, they cannot trust you.

If they cannot trust you, why would they ever compensate you for your injuries?

The Judge will tell the jury about liars.

That legal instruction has a fancy latin name.

It's called "FALSUS IN UNO."

What that means is that if a witness has testified falsely about ONE thing, you, the jury, have the right to disregard some or ALL of their testimony. It means that if a witness has lied about one little thing, what's to say that the rest of their testimony isn't a lie as well?

If you call your credibility into question, your case is as good as over.

It's a huge uphill battle.

That's why most experienced medical malpractice trial lawyers in New York will not take on a case where they know that an injured patient has lied.


The abrasive and demanding client.

This is a good one.

For me personally, I refuse to work with someone I do not get along with.

I don't care what type of case you have.

I don't care how good a case you have.

I don't care what value you think your case has.

If you are abrasive and rub me the wrong way, I will not work with you.

Why not?

Because these cases last two to three years.

That means we are wedded to each other for that duration.

That means we will interact often.

That means I will communicate with you regularly.

If you are abrasive and obnoxious, I have better things to do.

There are plenty of people who are nice and in need of legal help.

I don't care why you might be nasty or not nice.

It doesn't matter.

I don't have any interest in dealing with people who have that type of attitude.

Other lawyers do.

Other lawyers will put up with it.

Good for them.

Better for me.

If you are demanding, I will not take your case.

It's that simple.

The lawsuit process is a slow and frustrating one.

Especially for an injured patient and their family.

By demanding things, it shows a lack of understanding.

By demanding things, it shows a lack of respect.

By demanding things, it shows you have a deficiency in how your lawsuit works.

You can demand your case move faster, but it won't.

I can't get the court to schedule a conference whenever we want.

I can't get the court to force the defense to offer money.

I can't predict the future.

Nor can I guarantee the outcome of your case.

If you're demanding, you're gone.

If I didn't realize how demanding you were and took your case on at the beginning, then I will ask the court to dismiss me as your lawyer.

I have no problem if you have questions.

Questions are good.

I am in the business of answering your legal questions.

But demands?

Not with me.

Maybe with some other attorney.

But not me.

Ok, let's talk about your injuries...

Your damages.

How you are disabled as a result of improper medical care.

If your injuries are minor, I cannot and will not take your case.

If your injuries were temporary, I will not take your case.

If your injuries were limited, I will not take your case.

That doesn't mean you don't have a case.

It doesn't mean you won't be successful.

It simply means I will not be your attorney on your legal journey.

There may be some attorneys out there who will take a malpractice case with limited injuries.

There may be an attorney who takes a case with minor damages.

But that wouldn't be smart.

It doesn't make smart business sense.

Why not?

Because these cases are very expensive to investigate and to take to trial.

If an attorney knows at the very beginning that the maximum he can recover for you is limited, then in all likelihood he will take a significant loss by bringing your case...assuming of course that a medical expert confirms you have a valid basis for a case.

That does not make good business sense.

To learn how much money a client actually recieves when a lawyer obtains a multi-million dollar verdict, I invite you to watch the quick video below...



Gerry Oginski
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NY Medical Malpractice & Personal Injury Trial Lawyer
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