Do Medical Malpractice Cases Have to Go to Trial?

Do Medical Malpractice Cases Have to Go to Trial?

 Medical Malpractice Lawyer

Every year, medical facilities undergo medical malpractice lawsuits. If you suffered negligence at the hands of a medical facility, you may deserve compensation. Before filing a claim, you may be wondering if you have to go to court or if you can settle. Here is what you need to know about settling out of court and going to trial for medical malpractice.

Benefits of a Settlement

If physician or facility offers a settlement, it’s time for you to make a decision. Often, you make this decision based on how much the facility offers you. If the number is significantly lower than your lawyer thinks you could win in court, then you may want to negotiate further or refuse to settle. While it’s not required that you accept the offer that a physician or facility offers you, it does help to have a lawyer that can help you recognize a good or bad deal.

One of the major benefits of a settlement is that you can avoid the trial. A court hearing takes more time, money and effort to finish. Now, if you think you have a strong case, it may be worth it. If the facility offers you close to your asking price and if your lawyer thinks it’s a good deal, then you may be able to settle out of court without dealing with the legal process. In addition, you have more security that you will receive some money, rather than depending on a judge or jury.

Settlements Vs Trial

There are differences between settling out of court and going to trial. One of the big differences involves how much money your case might be worth. For instance, if you decide to go to trial, you could end up receiving a larger award. Of course, you have to also factor in that there is a chance you could lose when you go to court. If you take a settlement, you have a guarantee that you get your compensation. When you go to court, there is some risk involved.

The truth behind medical malpractice cases is that not all of them go to trial. In fact, the vast majority of them settle out of court. Your choices will determine whether you have to go to trial for your case. For instance, if you cannot reach a settlement or if the facility or physician refuses to settle, then you will have to take your claim to court. To better your chances of winning your claim, sit down for a consultation with a hospital negligence lawyer in Orlando, Florida.

 


 

Thanks to Needle & Ellenberg, P.A. for their insight into medical malpractice and when cases have to go to trial.

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