An an injured patient or an injured consumer looking to bring a lawsuit seeking money as a form of compensation, the lure of a 'fast' settlement is enticing.

The lure of a quick legal proceeding is enticing.

The lure of not spending much time litigating your case is thrilling.

You've heard all sorts of horror stories about civil cases here in New York lasting 2-3 years.

That's YEARS!

You definitely don't want to wait that long to get your case resolved.

You see some TV ad while watching daytime TV or maybe late night TV that promises to get you a FAST settlement for your case.

That promise entices you to call.

That promise entices you to make an appointment with this law firm.

That promise entices you to sign up with this law firm.

You are under the impressioin, based upon this law firm's marketing and advertising that you will get (1) your case settled and (2) that your case will be settled quickly.


If any lawyer ever tells you they can guarantee your case will settle, then you should run. Very quickly. Away from that lawyer.

That's because no lawyer can ever guarantee a result. EVER.

If any lawyer ever tells you they can guarantee you'll get a quick settlement, then you should run. Very quickly. Away from that lawyer.


Because no lawyer can ever guarantee the speed at which your case will resolve. EVER.

It's enticing to hear an attorney say these words.

You want to hear them.

You want your case to proceed quickly.

You want to short circuit the legal proceedings and settle your case as soon as possible.

What you also need to know is that if a lawyer or a law firm guarantee your case will settle (which they legally cannot do), that suggest that they do not try many cases.

If a lawyer or law firm only takes cases to settle them, the insurance companies will quickly learn that there is no credible threat to them since this attorney or firm doesn't have the ability to try cases and back up the threat of a jury verdict.

That strategy causes the insurance company to be able to low-ball your attorney knowing that this firm just doesn't go to trial and is afraid of trial. That gives a clear negotiating advantage to the insurance company.

On the other hand, if the insurance company knows your lawyer is an active trial attorney who prepares every case as if it is going to trial, the value of your case will likely increase.

The insurance company will also recognize that there is a significant risk going to trial and taking a verdict.

They must weigh that risk against the possibility of settling this case prior to trial for less than what a jury would ultimately decide to give the injured patient.

If your attorney continues to promise you a fast settlement, ask him to put it in writing. 

Force him to put those promises in writing.

Then get him to tell you what will happen if he does not get you a fast settlement.

Will he reduce his attorney's fee if your cases doesn't settle in 4 weeks?

Will he waive the expenses on your file if your case doesn't settle in 8 weeks?

What exactly will he have to do if he doesn't live up to your promise?

The fact is that NO attorney can ever guarantee you'll settle your case.

Nor can any attorney guarantee the speed at which you do settle your case.

If a law firm advertises and markets themseleves as settling most of their cases, you need to find out how many of their cases go to trial and go to verdict. That little answer can make a HUGE difference.

To learn even more about this topic, 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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