Introduction & Background

This book explores the darker side of personal injury practice and the constant battle involved in resolving personal injury matters. On one side are plaintiffs, the allegedly injured parties and their attorneys. On the other are defendants accused of fault or negligence and the insurance carriers that defend them and may ultimately pay the damages. This second edition adds substantial new material and expands many of the original discussions. It is also an inside look at how I think and operate: detailed, analytical, calculating, and armed with enough sarcasm to irritate even the most hardened attorneys.

I am detail-oriented, objective, and highly analytical. I am also aggressive and relentless when it comes to settlements. If a case is worth pursuing, I will squeeze every reasonable penny I can out of it.

This book is not only the story of how I became a prolific settlement negotiator in New York City; it is also my attempt to recover whatever remained of my soul after years of settling personal injury cases for law firms throughout New York State. The goal is to expose problems on both sides of the table and, where possible, suggest ways to improve the practice. For the record, I am not claiming to be the best negotiator. I am simply good enough at the craft to write about personal injury and medical malpractice practice in detail. I will say many things that paralegals and attorneys think but rarely say out loud. I will also call out the stupidity I have encountered among clients and legal professionals. Not everyone is stupid, of course, but sometimes the volume can be overwhelming.

You are probably wondering, “Who is Alexander Mirvis, and what makes him one of the more prolific personal injury settlement negotiators in New York?” The answer is simple: my numbers speak for themselves. I have helped settle thousands of cases worth millions of dollars in the aggregate. What makes my experience unusual is the range of matters I have negotiated as a non-attorney, including motor vehicle accidents, slip-and-fall and trip-and-fall cases, municipal and federal matters, wrongful death claims, and medical malpractice cases. Many New York City firms hire non-attorney settlement negotiators because we cost less than attorneys and can focus on cases that are either comparatively straightforward or simply not where the attorneys want to spend their time. That does not mean negotiators are limited to small cases; larger matters can also settle when the defense is willing to discuss a fair value.

Most settlement negotiators throughout New York State settle only soft tissue car accident cases so that attorneys can focus on much larger cases. I’m not the best settlement negotiator. There are plenty of people out there that I have met who are better than me. I just happen to be the only one who knows his craft so well I can write about it in great detail. I have turned settlement negotiation into a science.

I think outside the box, think fast, and will take every possible advantage I can think of to resolve a case for top money. On top of that, I can be highly manipulative. If I hear you over the phone and if I can sense that you either have no idea what you are talking about, are not confident, or even overconfident, you can be almost certain that I will take full advantage of your personality traits. However, one thing I don’t do is lie or play “dirty” unless the examiner is a piece of shit. I came across those as well. I also don’t do anything illegal or unethical. After all, my boss’ license is on the line, and I have a reputation with insurance companies, which I would not want to ruin. For the same reason, I do not work with dirty attorneys either. No matter how much money they offer me and believe me, I get plenty of offers.

Let’s assume I stopped giving a shit about ethics or the law, decided to work for a shady attorney, and did something dirty, such as forging medical records. I would be finished. No one would trust me, and I would lose the respect of the insurance professionals I have worked with. Building and maintaining relationships based on honesty goes a long way in this business. I expect the same courtesy from defense attorneys and examiners. If that courtesy is not returned, I have ways of escalating the problem, including seeking reassignment of a file or reporting serious conduct issues. I have done both.

If you have ever heard of the cat and mouse games during the Cold War between the Russians and the US, in many cases, it is almost the same with settlement negotiations. We battle it out and then pat each other on the back for how well we fought each other after the case was resolved. I would like to keep that kind of rapport with the examiners so I would never jeopardize that kind of relationship just for a few extra bucks.

Moving forward, I am very direct and I swear quite a bit, in case you have not noticed. Given my personality and my complicated relationship with the personal injury practice, you can expect sarcasm, some humor, and, hopefully, a lesson or two. This book contains heavy profanity and sensitive topics and is not written for children. The “F” word may be the most expressive word in the English language. If you are hypersensitive to other people’s opinions, profanity, or political jabs, you may want to find another legal story to read. This book can be offensive. Enjoy!