$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
Serving the greater NYC Area: Manhattan, Brooklyn, Queens, Bronx & Staten Island

Is it a Gamble to Refuse a Startling Settlement Offer

You have just been offered $1 million for your medical malpractice case, and you decide to reject it. Is this a gamble? Are you making a profound mistake?

You are Offered $1,000,000 to Settle

As your medical malpractice case is approaching trial, the defense makes an offer to settle, and they are offering one million dollars to you. Your lawyer recommends that you take the million dollars, since he believes your case is worth that amount of money. If you are rejecting this offer, your lawyer is likely to ask you whether you like to gamble.

He asks this because when the defense makes an offer to settle your case for a significant amount of money, and your lawyer has also researched your matter and determined the true value of your case, which is the same as the settlement offer, it would be a big gamble not to take the offered amount. When you are not taking the settlement offer, you are rejecting a guaranteed amount of money that you would receive, if you had accepted that offer.

What are You Gambling

If you reject the defense's offer for one million dollars, you are taking a risk that rolling the dice. You are essentially assuming these clear factors:

1. When you go to trial the jury will come back with a decision in your favor

2. The jury recognizes that you are entitled for compensation

3. The jury gives you compensation in excess of one million dollars

These things can certainly happen, but here the steps may be different in what will occur in that instance. When the jury comes back with much more money than what you were originally offered, the defense will do everything possible to knock that amount down. They will ask the trial judge to reduce that amount or even throw the jury's verdict out, as being against the weight of evidence.

Now, no matter what the judge does, the defense is not going to be happy. Then the defense may appeal the case, and when they walk down the avenue of an appeal, the case can take one to two years to come to final resolution.

Is it worth the gamble and possibly the wait?

There are many contingencies in these circumstances. The court can throw the case out, the court can reduce the amount of the verdict, or they could even increase it depending upon the injuries. They could also decide that the amount that has been given to you is inconsistent, and send the case back for a brand new trial. Therefore, when you reject the settlement offer, you are taking a risk, you are gambling, as though you are going to a casino and putting one million dollars down on the table.

The question is, are you willing to risk one million dollars on one bet. If the answer is no then you should strongly consider the settlement offer, and the recommendation of your lawyer. Otherwise, it would be a big gamble, as there are chances of losing this large amount that is assured to you. You would not only be rejecting possibly a fair and sound offer, but also jeopardizing your future, only on a gamble that you might receive more money in the end.

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. Representing the injured child with his team of legal and medical experts, Daniel Minc 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