You would think that if you had the same type of case hs a lawyer handled in the recent past, then he should be able to get you the same result that he got for his other client, right?


No lawyer can ever guarantee a particular result. Ever.

Every case is different and even though it may involve the same type of issue, your injuries may be different than the damages in the case he just handled. There may be other specific reasons why the value of your case is different.

It also matters greatly whether the case was settled prior to jury verdict or whether a jury awarded the client money and whether the verdict was appealed.

If the case resulted in a negotiated settlement during the litigation process, that means there was an agreement by the attorney, injured victim, the defense lawyer and the defense insurance company to reach a settlement that was mutually agreeable to everyone.


In your case, you might be a different age than the other person. You might have different disabilities or injuries. You might have lost a different amount of work than the other person. You might live in a different venue and your case may be in a different locale compared to the other case the attorney handled.

If this is a wrongful death matter, if your loved one was not working and did your family did not lose income as a direct result of your loved one's death, then the amount your family will be able to recover will be limited to certain claims.

Although you may believe that the case the attorney has handled in the past sounds similar to your particular case, the reality is that no lawyer can ever guarantee you a particular result.

In fact, there have been instances where you may have a great case and a jury determines that you are not entitled to any compensation. On the other hand, there have been instances where the wrongdoing may have been questionable and a jury has found in favor of the injured victim.

There many issues that go into evaluating a negligence case, a personal injury case, a medical malpractice case and a wrongful death matter. Each case is individual and requires its own evaluation of the wrongdoing as well as the extent of your injuries and disability.


Should any lawyer tell you that he can get you a particular amount of money for your case, you should strongly question the attorney about how he knows that and how that's possible. In addition, ask him to put it in writing and watch what happens. He will never agree to it.

Gerry Oginski
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NY Medical Malpractice & Personal Injury Trial Lawyer