Settling out of court

[michi455]

What is the name of your state (only U.S. law)? NY

My husband died at the hospital because of a brain injury. The hospital was sued because of his care in the ER. My lawyer wanted to sue for $1.5M. They came back with a settlement offer of $250,000 which I found as an insult. I counteroffered for $500,000 and they accepted. My son wants to know if they weren't in the wrong, why give me anything at all and now I'm questioning myself that maybe I should have asked for more than the $500,000 since they were agreeable on that amount. How much more would I have been able to get out of them without going to court ?

 

[antrc170]

There is no way to tell how much you might have gotten through the court system. You could have recieved nothing. Companies don't always settle because they are admitting to doing anything wrong. Sometimes it is cost effective to settle out of court rather than pay the attorney fees, and face the bad press. Lost revenue from bad press from a medical malpractice lawsuit could be in the hundred of thousands, or millions. Sometimes it is better to settle and make the problem go away.

 

[ecmst12]

Remember it costs YOU a lot more to go to trial too, so settling out of court is an advantage for everyone when they can agree.

 

[barry1817]

settlement

What is the name of your state (only U.S. law)? NY

My husband died at the hospital because of a brain injury. The hospital was sued because of his care in the ER. My lawyer wanted to sue for $1.5M. They came back with a settlement offer of $250,000 which I found as an insult. I counteroffered for $500,000 and they accepted. My son wants to know if they weren't in the wrong, why give me anything at all and now I'm questioning myself that maybe I should have asked for more than the $500,000 since they were agreeable on that amount. How much more would I have been able to get out of them without going to court ?

the normal rules of negotiation are if you make an offer and it is accepted immediately you probably could have asked for more and gotten it.

Example, you go for a job interview, and ask for a salary and they say great, you got it. You go home happy with the job, and then realize that you probably could have gotten more.

If you offered and they didn't counter offer, you might have asked for more and gotten it, but don't kick yourself. You offered, they accepted, time to move on.