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The Pressure is On; The Judge Wants You To Settle- What to do?

Gerry Oginski
NY Medical Malpractice & Personal Injury Trial Lawyer

  • You've gone this far. 
  • You want justice. 
  • You want revenge. 
  • You want them to pay. 
  • You want your day in court.
  • You do not want to settle your case unless it is for a very substantial amount.

Now your attorney comes back from a pre-trial conference and tells you that the judge is putting pressure on him to try and settle your case. What he may not have told you is that the judge is also putting pressure on the defense attorneys to settle as well.

Just because the judge puts pressure on your attorney and the defense attorneys to try and settle your case, does it mean you have to settle?

What happens if you refuse to settle and instead insist on going to trial? Will the judge hold it against you?

Interestingly, in most medical malpractice and accident cases in New York, the judge who is assigned to oversee and supervise your case will likely not be the same one who tries your case, should it go to trial. Judges do have an incentive to get the parties to try and settle, since it improves their settlement statistics. Judges who are able to dispose of their cases in a timely fashion tend to have better statistics and that looks better to the court administration.

However, not all cases can be settled. That's why we have trials in the jury system.

Watch the video to learn more.