Medical malpractice cases are often complex and emotionally charged. Many people assume these cases always result in lengthy and costly court battles, but the reality is that most medical malpractice claims are resolved through settlements rather than trials. If you’re considering filing a medical malpractice claim or are currently involved in one, here’s what you need to know about settling out of court.
What Does It Mean to Settle Out of Court?
A settlement is an agreement between the injured party (or, plaintiff) and the healthcare provider (or, defendant) that seeks to resolve the case without a trial.
In a settlement, , the plaintiff agrees to drop their lawsuit in exchange for a sum of money or other agreed-upon terms.
Settlements are common in medical malpractice cases and can occur at any stage—before a lawsuit is filed, during litigation, or even on the eve of a trial.
Benefits of Settling Out of Court
For injured victims, the following are the benefits of settling a medical malpractice case out of court:
- Reduced costs – Trials are expensive. Settling a case out of court can save both sides significant legal fees, expert witness costs, and other expenses associated with prolonged litigation.
- Quicker resolution – Court cases can take years to resolve. Settling out of court allows the plaintiff to receive compensation faster, which is especially important if they are facing mounting medical bills or loss of income.
- Privacy – Trials are public, meaning the details of the case become part of the court record. A settlement, however, is typically confidential, protecting the privacy of both parties.
- Certainty – Trials are inherently unpredictable. By settling, both sides avoid the risk of an unfavorable verdict.
Why Might a Medical Malpractice Case Settle?
The following are some of the main reasons a case might end in a settlement:
- Strong evidence – If the plaintiff has compelling evidence of negligence, the defendant may prefer to settle to avoid the risk of a large jury award.
- Weak defense – Similarly, if the defense recognizes weaknesses in their case, they may choose to negotiate a settlement.
- Desire to avoid negative publicity – Hospitals and doctors often seek to protect their reputations by avoiding a public trial.
- Insurance company preferences – Malpractice insurance companies often push for settlements to minimize costs and risk.
How to Navigate a Settlement
If you’re considering a settlement in your medical malpractice case, working with an experienced attorney is crucial.
A skilled lawyer can accurately value your case, ensuring you don’t accept an unfairly low offer. Your attorney can also negotiate effectively with the opposing party and advise you on whether settling or going to trial is in your best interest.
Contact Otorowski & Golden, PLLC
Please know that our firm is here to help if you were injured due to a medical provider’s malpractice. Otorowski & Golden, PLLC provides free consultations to all our potential clients. The attorneys at our law firm also have over 120 years of combined experience representing injured parties in medical malpractice cases. They never back down to insurers and fight for their clients’ interests every step of the way. Do yourself a favor and contact them now for the quality legal representation you deserve.