Can I Settle Medical Malpractice Without Going To Court?
When the negligent actions of a medical provider cause a person harm, it may be necessary for the victim to file a lawsuit to recover compensation for their losses. At Brown, Moore & Associates, PLLC, our dedicated and knowledgeable team is ready to get to work on your behalf. There are several ways that these cases can play out, depending on a variety of factors. Many are settled out of court, while other cases need to go to trial to ensure justice is served for the victims. When you need a Charlotte medical malpractice lawyer, call us today.
How could these cases play out?
When you file a medical malpractice case, they will generally be settled out of court before a trial or they will go before a jury. If you want to know whether or not you can settle a malpractice case without taking the case to trial – yes, you can. That is how most medical malpractice cases get resolved.
When you (or your attorney) notify the other side that you are filing a medical malpractice claim, the wheels begin turning. The defendant in the case will almost always be represented by their insurance carrier. These cases can take a while to get to trial, even after a court date is scheduled. There will often be negotiations between your attorney and the other side as to what a fair settlement should look like.
Settling out of court largely has to do with what you are willing to accept. You and your attorney, with the help of medical and economic experts, will work to properly calculate your total losses.
Will a negligent healthcare provider want to settle?
A healthcare provider accused of medical malpractice (or their insurance carrier) may want to settle out of court if they think a jury will award a substantial amount. However, many physicians may object to settling because they know they will have to disclose malpractice settlements, jeopardizing their medical license and future employment opportunities.
Some studies suggest that physicians win 80% to 90% of trials with weak evidence of medical malpractice, 70% of borderline cases, and approximately 50% of trials with strong evidence of medical malpractice.
How we can help you through this
If you or a loved one have been harmed due to the careless or negligent actions of a healthcare provider, you may have to file a lawsuit to recover the compensation you deserve. The team at Brown, Moore & Associates, PLLC is ready to get to work on your behalf. We will get to the bottom of what happened and aggressively pursue the negligent party and their insurer for the compensation you deserve. This can include:
- Compensation for all medical expenses related to the mistake(s)
- Coverage of lost income and benefits if you are unable to work
- Loss of enjoyment of life damages
- Pain and suffering damages
- Punitive damages against the healthcare provider/agency responsible