Many people do not want to endure lengthy and expensive trials and may choose to negotiate a settlement instead. Those who think they want to go to trial should be aware of the amount of time a medical negligence case can take to litigate. Preparing for trial, working throughout the process, requesting time off work, and experiencing emotional turmoil can be very intense.
In some medical malpractice cases, the trial could last for as little as two weeks or up to six weeks. The length of a trial depends largely on individual facts and circumstances, so it is a commitment. Litigation can be very hard on an individual. Ultimately, a lot of people decide that it is not worth going through that as they get closer to trial.
Entering litigation requires speculation about whether a jury is going to side with you or not, and that can be very challenging. It is impossible to know what six people are going to decide, but settlement is a guarantee. Once a settlement is reached, you know that you are walking away with something rather than nothing. To learn more about what to consider when settling a Florida medical malpractice case, it is best to consult with a diligent lawyer who is familiar with the settlement process.
Deciding Whether to Settle
An injured claimant should enlist the services of a dedicated attorney so they can better understand what to consider when settling a Florida medical malpractice case. They should have candid conversations with their legal counsel about what their life was like before their doctor’s error as well as after. For example, a claimant should disclose what they could do before their injury and what abilities they can no longer perform as a result thereof. This allows legal representatives to look at the whole picture.
It is also important to consider whether a claimant’s injury is actually the result of medical negligence. Sometimes, a surgery might be statistically risky and may not guarantee great results, which would not be a physician’s fault. It is best to contact a lawyer who can evaluate these factors.
A person should refuse a settlement and go to trial if the defendant’s offer is too low. In that case, the plaintiff would decide whether it is worth it to initiate litigation. If that is the case, the attorneys will take the case to trial and roll the dice.
Ask an Attorney about What to Consider When Settling a Florida Medical Malpractice Case
If anyone is going to pursue a lawsuit, they should always contact an attorney first. Bringing medical negligence claims to litigation is a complicated process, so it is crucial to work with a legal team that has experience with these cases. They are able to communicate with them more regularly and easily.
Understanding how to bring a claim to trial, adhere to statutory requirements before filing, and navigate through the legal system as well as what to consider when settling a Florida medical malpractice case can place an injured claimant at a significant advantage before entering litigation. Reach out to our firm today to learn more about these important considerations.
Speak to a member of our team today.