1. Your injuries are not significant.
In a medical malpractice case in New York the injuries need to be significant for an experienced lawyer to take on your case. The reason is that these cases are very expensive and time consuming. A lawyer generally puts in the same time and effort on a small case as he will on a large case. That is why most NY attorneys will usually take only significant cases.
Lawyer Malpractice
2. You exaggerate and lie.
If you exaggerate on any aspect of your case, your lawyer may question your credibility. Your believability is the key to your case. If a jury finds that you have exaggerated your injuries or the facts, there's a very good chance they will turn you out of court without any compensation. If you lie, either to your lawyer, or to a jury at trial, your credibility is gone. Your lie, regardless of whether it is a 'little white lie' or a really big fib will likely destroy your entire case. If a jury sees that you have lied, you could possibly subject yourself to perjury charges and lose your case.
3. It's a judgment call by the attorney.
The attorney may be on the fence about your case. The expert may find there is liability that caused harm. However, there may be something else in your set of facts that cause concern for your lawyer. Your lawyer will make the ultimate decision whether to take on your case. Some lawyers make a gut-instinct call to either accept or reject a case after your initial meeting. If your case is rejected, your lawyer will give you your options and advise you to seek another legal opinion immediately in order to protect your legal rights.
4. You are demanding.
Have you ever walked into a store or a restaurant and heard a customer demand food, utensils, a service in a loud and obnoxious voice? Sure you have. We all have. How about the demanding customer who treats the store clerk or waitress like they are hired help with their sole purpose in life is to serve this one customer? How do you think the store clerk or waitress feels when a demanding customer comes in? Of course the 'customer is always right', but how much abuse can a person take before saying something?
There are potential clients like this too. When they come into a lawyer's office, do you think they get better service or worse service by being so demanding? "I want you working on my case exclusively...I only want you call me at the office, not home...Do not send me any emails...I want to make them pay...I will never settle this case..."
5. You insist you have a case and refuse to listen to the lawyer.
You go to a lawyer for legal advice. If you don't listen to the lawyer's advice, why go to a lawyer in the first place?
6. You think you know more about lawsuits and trials than your New York Medical Malpractice Trial lawyer.
Unless you've gone to law school and have practiced law for more than 20 years handling medical malpractice and personal injury law in New York, how could you possibly know more about these types of cases than the experienced lawyer you are consulting with?
7. You are a repeat litigator with multiple small lawsuits.
There are some people who make a hobby out of bringing lawsuits. They feel aggrieved about every little thing that is done wrong to them. They take every advantage to use the legal system to their benefit. While there's nothing inherently wrong with that, when your lawyer learns that you have sued ten people in the last five years for matters ranging from lost clothing at the cleaners, to a restaurant who refused to seat you on time, to your car mechanic who overcharged you 0 for a repair, your medical malpractice lawyer may sense trouble in the future from your legal history.
Conclusion:
Hopefully this will give you some insight into what an experienced New York medical malpractice & accident attorney looks for when you walk into his office.
Medical Malpractice - 7 Reasons Why Your Case Isn't Good Enough For A NY Malpractice LawyerDaughtry - Crawling Back To You Video Clips. Duration : 3.63 Mins.Music video by Daughtry performing Crawling Back To You. (C) 2011 RCA Records, a division of Sony Music Entertainment
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Gerry Oginski is an experienced medical malpractice and personal injury trial attorney practicing law in Brooklyn, Bronx, Queens, New York, Staten Island, Nassau & Suffolk. He has tirelessly represented injured victims in all types of medical malpractice and injury cases for over 19 years. As a solo practitioner he is able to devote 100% of his time to each individual client. A client is never a file number in his office.
Take a look at Gerry's website http://www.oginski-law.com and read his free special reports on malpractice and accident law. Read actual testimony of real doctors in medical malpractice cases. Learn answers to your legal questions. We have over 200 FAQs to the most interesting legal questions. Read about his success stories. Read the latest injury and malpractice news. I guarantee there's something for you. See Gerry's website at http://www.oginski-law.com Call him at 516-487-8207.
Also, go over to http://medicalmalpracticetutorial.blogspot.com for Gerry's free instructional videos on malpractice & accident law.
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