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The Common Negotiating Tactic of Ridiculing Your Initial Settlement Demand

The initial phase of your personal injury case will be your lawyer negotiating with the defense lawyer to obtain a reasonable settlement. It is in the best interests of both parties, if an early settlement is reached, since they can avoid the costs of lengthy trial and other related expenses. However, the defense lawyer will have his own agenda of settling the case for the minimal amount possible, whereas your lawyer will want to receive the maximum case value.

The Art of Negotiating

Negotiations usually begin with the plaintiff’s lawyer asking for a particular settlement amount, which is usually turned down, and often ridiculed by the defendant’s attorney. This ridiculing is a common strategy of defense lawyers, and has actually nothing to do with what your case is really worth. It is a psychological ploy to try to make you believe that your case is never going to be worth that much. If you were at the negotiating table, you would probably be somewhat dejected with such ridicule and maybe start thinking that your case was not really worth that much. However, your lawyer will know that this is the usual tactic used in negotiations, and in fact ask for a much higher amount than what the case is really worth, since he knows quite well that it will be turned down. It is therefore important for you to know what is going on behind the scenes. Your case, in fact has the potential to be settled for a reasonable amount at any time before or during the trial, and it will mainly depend on the strength of your case and the negotiating skills of your lawyer.

The Initial Phase of Negotiating

The initial phase in negotiating will usually be full of bravado and posturing. Your lawyer will be meeting the defense lawyer to work out a settlement. The defense lawyer will ask what settlement figure you are expecting, and when your lawyer quotes an amount, it will be rejected immediately. The defense lawyer is never going to agree to the initial settlement demand, and if the lawyers know each other, there will be deriding comment or question, whether the amount being asked is a joke.

Normal Financial Logic

Well, you need not worry about this ridicule, as this is the normal practice in negotiations. In fact, if you think about it, this is normal in any type of bargaining or negotiations. Have you seen the popular TV program Pawn Stars? You will find the exact same thing going on there. The person who wants to sell the item will be wanting the highest price for the item they brought in with them, whereas the pawnshop owner will want to buy it for the lowest price possible to earn a better profit when they turn around and sell it to someone else. The pawnshop owner will usually ridicule the initial demand of the customer and quote one tenth of that amount, as a fair price. You can expect the same at your personal injury negotiations. Your initial demand will not only be ridiculed but you will be made a ridiculously low counter offer as well. These are usual negotiations tactics and you need not be worried about it, since an experienced lawyer will know how to defeat these methodologies and insure you receive the most money possible. After all, what is better for you is better for your attorney as well.

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April Johnson
15:54 30 Jun 23
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19:03 29 Jun 23
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Roberto Martinez
Roberto Martinez
19:02 24 May 23
I’ve been in the personal injury field as an investigator for 29 years. All in New York City. Out of all the hundreds of Law Firms I’ve worked with, Rosenberg Minc Falkoff & Wolf, would have to be at the very top of my list. Amazing staff great attorneys.If you want the job done right, these are you guys.
Julio Ochoa
Julio Ochoa
20:49 18 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP for their outstanding assistance in obtaining a settlement for an Erb's Palsy birth injury case. Their knowledge, dedication, and compassionate attitude were important in attaining a successful end. Their professionalism and assistance were simply outstanding from beginning to end. I am deeply thankful for their representation and would enthusiastically recommend them to anyone seeking justice in a similar situation.
Aisha Neri
Aisha Neri
20:29 18 May 23
I recently had the privilege of working with Rosenberg, Minc, Falkoff & Wolff, LLP on my daughter’s birth injury case involving Erb's Palsy, and I cannot express enough gratitude for their exceptional legal services. From the initial consultation to the successful settlement, they demonstrated profound expertise, unwavering dedication, and genuine compassion for my family's situation.From the very beginning, the team proved their commitment to justice. They thoroughly investigated the circumstances surrounding my child Erb's Palsy birth injury, leaving no stone unturned. Their extensive knowledge and understanding of medical malpractice law, coupled with their deep expertise in birth injury cases, provided us with tremendous confidence in their ability to handle our case.The attorneys at Rosenberg, Minc, Falkoff & Wolff consistently displayed exceptional professionalism and attention to detail throughout the entire legal process. They meticulously gathered evidence, consulted with medical experts, and built a compelling case that clearly outlined the negligence and liability on the part of the medical professionals involved. One aspect that truly stood out was the genuine care and compassion exhibited by Daniel Minc, Lorraine Licul, and the entire team at Rosenberg, Minc, Falkoff & Wolff. They treated us not just as clients but as individuals with unique emotions and concerns. They took the time to listen attentively to our worries, provided constant updates on the progress of our case, and promptly responded to our inquiries, ensuring we felt supported and reassured throughout the process. Their empathy and understanding made an immeasurable difference during such a challenging and emotionally taxing time.When it came time to negotiate a settlement, Daniel Minc demonstrated remarkable skill and tenacity. He fought fiercely on our behalf, advocating for fair compensation to cover any potential long-term effects of Erb's Palsy on my child's life. His negotiation skills were truly impressive, as they secured a settlement that exceeded our expectations and provided the financial resources necessary to support my child's future needs.I cannot recommend Rosenberg, Minc, Falkoff & Wolff highly enough to anyone seeking legal representation in Erb's Palsy birth injury cases or any other medical malpractice matters. Their extensive experience, unwavering dedication, and empathetic approach make them an exceptional choice for families navigating the complexities of birth injury litigation. Thanks to Rosenberg, Minc, Falkoff & Wolff, my family now has the means to provide the best care and opportunities for my child's future.If you are seeking a law firm that combines legal expertise with genuine compassion, look no further than Rosenberg, Minc, Falkoff & Wolff, LLP. They will tirelessly fight for your rights and ensure your voice is heard, providing you with the support and justice you deserve.
Aoki R
Aoki R
17:14 17 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP. They are a team of dedicated professionals fully committed to their clients. I have witnessed the firm's amazing work ethic in my experience with their attorneys and Lorraine Licul. Lorraine is a knowledable, empathetic and results-driven professional. Minc is an excellent attorney and I greatly appreciate the firm's expertise.
Michael Levites
Michael Levites
17:42 12 May 23
I have recommended this firm to some of my friends and I heard back only positive feedback about the client responsiveness, diligence and hard work put in by these attorneys. I will continue to refer anyone who suffered a personal injury to Rosenberg Minc..
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