$I Billion for Injured New Yorkers
Our Results
  • $30.1 Million NYC - Medical Malpractice Case
  • $15 Million Manhattan - Medical Malpractice Case
  • $3 Million Queens - Wrongful Death Case
  • $5.5 Million Bronx - Birth Injury Accident
  • $30.1 Million NYC - Medical Malpractice Case
  • $15 Million Manhattan - Medical Malpractice Case
  • $3 Million Queens - Wrongful Death Case
  • $5.5 Million Bronx - Birth Injury Accident
  • $7.75 Million NYC - Medical Malpractice Case
Rosenberg, Minc, Falkoff & Wolff, LLP
Experienced & Trusted Medical Malpractice Lawyers
Call today for a Free Consultation
1-866-516-5887
Serving the greater NYC Area: Manhattan, Brooklyn, Queens, Bronx & Staten Island
Attorneys

Why would the Defense Offer a Sizeable Settlement when the Plaintiff's Story is Anemic

The Defense Offers to Settle

In a medical malpractice case, the defense thought, after the plaintiff gave their testimony at the deposition that he was inconsistent. The defense concluded that the plaintiff was lying, especially when he made certain statements. The deposition is a question and answer session that is held under oath much before the trial takes place.

Now as the trial is approaching, the plaintiff's lawyer is trying to negotiate the case. During negotiations, the defense comes right out and says that they think the plaintiff was lying, and therefore the jury will not give any compensation. However, the defense goes ahead and offers a substantial settlement even though they feel the plaintiff was lying. Why would they do that?

The defense knew that if the case went to trial, and the jury believed the plaintiff's version of what took place, there would be a decent likelihood of the jury awarding even more compensation than what the defense was offering as a settlement. If the plaintiff was able to prove that the was more likely right than wrong, the doctor was careless, and because of this carelessness he had suffered significant injuries, the jury was likely to award a solid amount as a compensation package that the defense would have to pay.

The defense is just playing the odds.

A Strategic Decision

Therefore, when the defense offered to settle with a significant amount that could be in the tune of hundreds of thousands of dollars, they were making a calculated strategic decision. The defense strategized they would settle this case rather than rely on the jury in terms of believing their version of the events. You might be contemplating why does the defense not take the risk of going to trial and show the jury that the plaintiff was inconsistent and lying during the deposition?

Most of what happens in the deposition is going to play out in court. There is rarely a stark difference.

The defense was making a business decision, whether it is better to go ahead and settle this case for this amount of money (if that amount is accepted which it probably will be), rather than taking the risk of having to deal with a jury. They do not know what type of jury hand they will be dealt. No one wants to gamble when so much time and energy is at stake.

Ultimately, the plaintiff took the defense's offer since it was a fair offer and they know their case is not resonating well. The defense were willing to part with this amount, even though they had found out at the deposition that the plaintiff was lying and whose inconsistent statements could be exploited.

Calculating Risks

These types of settlements happen in medical malpractice and other types of personal injury cases. Even though the defense finds out during the deposition that the plaintiff is lying, they might still go ahead with negotiations and offer a settlement amount. The defense does this because they know there is always the chance of the jury believing the plaintiff. There is a chance that with some practice, the plaintiff shores up their story by the time the court date rolls around.

Hence, it is mainly a question of calculating risks, and the chances of losing a much greater amount in the future. If the defense feels the risk of losing is too high for them to stomach, then they would be willing to offer a settlement they know the other side will bite down on.

No Comments

Leave a comment
Comment Information

Learn About Medical Malpractice Cases in NYC

Watch all videos »

Listen to our clients

Watch all videos »

Case of the month

$7,750,000 Recovery Due to Negligent Care in NYC Pediatric Intensive Care Unit

Our client, a 5 year-old patient receives almost $8 million in compensation from an NYC hospital in a medical malpractice claim won by Rosenberg, Minc,Falkoff & Wolf. Daniel Minc, representing the injured child with his team of legal and medical experts said "it was great day for the family".

The case involved negligent care on the part of the hospital pediatric intensive care unit for failing to observe bleeding from a simple biopsy wound which caused Neurological damage.

Medical Malpractice Blog

$25 million verdict against New York Methodist Hospital
When a child is born, parents expect the doctor, nurses and other staff to provide care that is up to the...
Read This Malpractice Post

Experienced & Trusted medical malpractice lawyers

  • Top Lawyers 2016
  • Litigator Awards
  • Verdicts and Settlement Hall of Fame
  • BBB Accredited Business | A+
  • Avvo Rating 10.0 Superb | Top Attorney Medical Malpractice
  • Rated By Super Lawyers | Daniel C. Minc | 5 years
Call 1-866-516-5887 or email us to set up your free, confidential consultation. Our experience can make a difference for you.

Office Locations - Call today to schedule a consultation 1-866-516-5887

16 Court Street
Brooklyn, NY 11241

Brooklyn Law Office

3101 Broadway
Astoria, NY 11106

Astoria Law Office

8900 Sutphin Blvd
Suite 501
Queens, NY 11435

Queens Law Office

9201 4th Ave
Brooklyn, NY 11209

Brooklyn Law Office

Firm News

Robert H. Wolff Named President
Firm Attorney, Robert H. Wolff is now the president of the New York City Bronx County Bar Association
About This Attorney

Back to Top