new online newsletter now available! ny injury times-june-july 2011

8/6/2019 New Online Newsletter Now Available! NY Injury Times-June-July 2011

1/8

New York Medical Malpractice Attorney Gerry Oginski presents

NY Injury Times, 25 Great Neck Road, Suite 4, Great Neck, NY 11021 | 516-487-8207 | www.Oginski-law.com

JUNE-JULY 2011

THELAWOFFICEOF :

GERALDOGINSKI, LLC

25GreatNeckRd. , Suite4

GreatNeck, NY11021

TELEPHONE516-487-8207 FAX516-487-8472

I learned something new

today thanks to my goodfriend John Fisher, an upstate

NY medical malpractice trial

lawyer.

It has to do with confidential

settlements. Any time you

settle a personal injury lawsuit or medical malpractice lawsuit in

New York, the money you receive as compensation is not taxable.

The reason? Because the compensation is not earned income. It is

simply to compensate you for the pain and suffering you endured

as a result of somebody elses carelessness. John pointed out

something very important in a recent newsletter of his. In manymedical malpractice cases the doctors insurance company requires

that the terms of the settlement remain confidential. If an injured

victim publicizes the terms of the settlement there are significant

repercussions that penalize the injured victim for disclosing the

settlement terms. Continued on page 2

Mias Bat Mitzvah
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2/8


Continued from page 1

Here is what the IRS has done.The IRS has determined that in order for theparties to keep the terms of the settlement quietand confidential, there must be someconsideration for that to happen. What this

typically means is that someone has paid anamount of money to someone else in exchangefor keeping things quiet. The IRS has determinedthat the amount of money paid in considerationfor this non-disclosure agreement is taxable.

For example, if a personal injury case is settledprior to trial for $1 million dollars with theexpress agreement that none of the parties to thelawsuit are permitted to disclose the amount ofmoney paid or by whom, the government may

determine that part of that $1 million settlementrepresents payment for the parties to keep quiet.The question becomes What percentage of thatmoney represents consideration for theagreement to keep quiet?

In most settlements, there is usually no allocationas to how much represents past pain andsuffering or future pain and suffering. Nor isthere usually any allocation of how much money,if any, is allocated to medical expenses or tokeeping things quiet.

Based upon this case involving the IRS, it wouldbe in everyones best interests to make sure thereis a specific allocation of money in the eventthere is a request by the defense to keep thingsquiet. The better practice however would besimply not agree to a request by the doctorslawyers or insurance company to keep thingsquiet. However, the reality is that many times wecannot successfully resolve a case unless weagree to keep the terms of settlement quiet. Its abit of a Catch-22 situation.

However, as long as your attorney is aware ofthis conundrum, there are steps here she can taketo minimize its impact.

To learn more about this, pick up the phone andcall me at 516-487-8207.

On the ski lift at Camelback

Shari graduates high school Joseph waiting to

surprise Shari with

flowers after graduation

At the beach; Mia & David
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3/8


Jimmy Changa Learns Who The

Bearded Smelly Man Was

In last months episode, Jimmy went on

the ride of his life. He accompaniedsome of the best trained SEALcommandos the United States has ever

produced, for an assault on a highlyfortified target in Pakistan.

When we last left Jimmy, he had been

given an assault rifle by one of the NavySEALs and told to scour the house. If he

found a target, he was to yell for help.However, Jimmys voice failed him and

he found himself looking straight at themost wanted man in the world.

The bearded smelly man looked morelike a goat herder. The turban-headed

goat herder grabbed the closest womanand put a knife to her throat. In thatinstant, Jimmys mind flashed back to

the two planes crashing horrifically intothe World Trade Center buildings. In a

split second and without further thought,Jimmy pulled the trigger and blew the

smelly mans brains across the room.The woman screamed and dropped tothe floor. She crawled to Jimmy, stood

up and slapped him in the face andscreamed in English Why did you do

that? He was a simple gold herder whoate smelly goat cheese and had rotting

teeth.

She quickly pulled Jimmy aside and

chastised him saying that he blew hercover. Jimmy said What the heck are

you talking about lady? This is the most

hated man in the world.

The woman replied quietly that she wasworking undercover for the Israeli Secret

Service and was only days away fromlearning who was in his most dastardly

secret network. At that moment, sevenSEAL commandos burst into the room

with their weapons drawn and orderedthe two of them to hit the ground. Theteam leader yelled out Who shot this

man?

Jimmy finally got his voice back andyelled out I did!

Seven commandos confirmed that theroom was secure and proudly and

swiftly congratulated Jimmy for killingthe most wanted man in the world.

The other members of the household

were rounded up, handcuffed andbrought outside to await transport to the

US Embassy. The remaining seal teampicked through the house with a finetooth comb and took everything they

could get their hands on to bring backfor analysis.

With one sentence the White Housewas notified that the mission was a

success. The goat herder has gone tothe pearly gates.

Eight hours later the president of the

United States was on national TV

announcing that Osama bin Laden hadbeen killed during the course of a raid

upon his home. Our brave SEALcommandos performed this historic

mission with success.

What the public did not know, and wouldnever know, was that the person whopulled the trigger was not a member of

the military and was not a Seal teamcommando. Rather, he just happened to

be one of the nations best kept secrets;someone who can predict when

someone will die simply by shaking theirhand.

" " Join me next month

when we continue to follow Jimmy s

antics in my never ending fictional

story.

Mia & David at Coney Island

Mia; the early years


4/8

Medical Malpractice; To Sue or Not to Sue PAGE4


Medical Malpractice- 3 Reasons

Why You Shouldn't Sue Your

Doctor

1. YOU LIKE YOURDOCTOR

So, what's wrong with that?

Nothing. Most of us like our

doctors. That's why we trust them

and keep going back to them for

treatment. But should the fact that

you like your doctor prevent you

from seeking compensation when

he or she committed wrongdoing

that caused you physical and

emotional injury?

The law in New York permits anyone who has been injured by

another to bring a lawsuit for compensation. This law

originated from common law and goes back hundreds of

years. In fact in some religions there is evidence that this type

of law goes back thousands of years. It makes good common

sense. If another person causes you harm, you are entitled to

obtain money to pay for your medical expenses, your lostearnings, your future lost earnings, the damage to your

property, and of course, compensation for the pain and

suffering you endured.

So, should the fact that you like your doctor prevent you from

bringing a lawsuit? It might make you feel uncomfortable, but

I guarantee that when you start to think about your disabling

injuries and how your doctor may have caused them, the anger

and hostility you feel will usually outweigh your fondness for

your doctor.

2. WHAT GOOD WILL THE MONEY DOFOR YOU?

This is a common rhetorical question that defense attorneys

often ask plaintiff's lawyers. "The money won't bring your

loved one back," "The money won't make you whole again,"

"The money you're asking for isn't going to chang

anything..."

However, money is the only thing that our justice system

allows us to recover when an injure

victim sues their wrongdoer. Whil

those comments above may all be true

we are prohibited from taking justic

into our own hands. Therefore, wha

else can we obtain for the injure

victim? Money is the only thing tha

allows us to pay the medical bills tha

were generated as a result of th

wrongdoing. Money is going to mak

the victim more financially secure

Money will help the injured victim witongoing medical care an

rehabilitation. The injured victim wi

not be a burden on a City o

governmental handout. Money will hel

his children go to school or camp

Money may help with modifications needed in his home- suc

as a wheelchair ramp or modified kitchen appliances.

Money can never make us whole, or replace the agony and

suffering that was caused by a doctor or a hospita

Compensation is supposed to make those wrongdoers thin

twice about doing that same action again, and hopefullprevent the next person from being a malpractice victim.

3. YOUR DOCTOR'S REPUTATION WILLBE TARNISHED

Contrary to popular opinion, (or at least from the doctor

insurance company) this is not an accurate statement. Mos

people living in a civilized society recognize the right to sue

The fact that a doctor has been or is sued is not tha

significant. If you ask a doctor if they've been sued, they wi

often be quick to explain how the case had no merit

Importantly, the physician will still continue to practic

medicine and there will usually be no disciplinary action take

as a result of a civil medical malpractice lawsuit. The belie

that a doctor's reputation will suffer a blemish if sued, i

simply not correct.

At Mias photo shoot


5/8

A True Story - A search for a real estate agent PAGE5


Sandwich kissMia right before her party started


6/8


Dad & Joseph at the Mets game

David jumping into the pool

David at bat- Little League

Mia in front of the TorahJoseph and Dad at Mias Photo

Shoot before her Bat Mitzvah

Joseph & Shari heading to the synagogue

Table settings before the party


7/8


Gerrys Trivia GameTEST YOUR KNOWLEDGE OF NEW YORK LAW

Answers are on the back page

TRUEORFALSE?

1. At a deposition, the opposing attorney can ask

you any question they like, especially ones that

have nothing to do with your case or the injuries

you are claiming.

2. A deposition is a chance for you to explain your

side of the events.

3. An examination before trial is the same thing asa deposition.

4. An examination before trial is conducted in

court in front of a judge.

5. A deposition is conducted in a lawyers office

and you are sworn to tell the truth.

6. Testimony given at a pretrial deposition cannot

be used against you at trial.

7. In state court cases, all pretrial depositions are

videotaped to preserve them for posterity.

8. In state court lawsuits, each side has a

opportunity to question the other sides medica

experts at a pretrial deposition.

9. Close friends of the people who are testifying

at a deposition may sit in, in order to give

moral support to the witness.

10. If a witnesss religious beliefs prohibit them from

swearing to tell the truth, there is an alternative

method by having them affirm that thetestimony they are going to give will be the

truth.

BONUS QUESTION

If a lawyer forgot to ask follow-up questions of a

witness during a deposition, they can simply come

back another day to ask those follow-up question

which they forgot to ask originally.

The whole family celebrating Sharis graduation

Mia at a family wedding

Mia, a few days old, sleeping on

Peaceful & serene.


8/8

Give this

newsletter toyour best

friend. Theyll

thank you for

it, and so will------------Answers to Trivia Game --

1. False, 2. False, 3. True, 4. False, 5. True,

False, 7. False, 8. False, 9. False, 10. True,

BONUS: False

MAIL TO:

HAVE LEGAL QUESTIONS?

Call me: 516-487-8207

or email me: [email protected]

I WELCOME YOUR CALL!

NEW YORK INJURY TIMES

Call me right now with any legal questions about injuries from any accident or medical car

I promise to give you a straightforward and honest answer. Thats my guarantee.

516-487-8207

THELAWOFFICEOF :GERALDOGINSKI, LLC25GreatNeckRd. , Sui te4GreatNeck, NY11021

TELEPHONE516-487-8207 [email protected]

ORDER YOUR

FREE BOOK

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NEW YORK INJURY TIMES JUNE-JULY

Gerry Oginski, NY Medical Malpractice Trial Lawyer
http://www.oginski-law.com/mailto:[email protected]://www.oginski-law.com/http://www.oginski-law.com/mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]

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