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What is the Difference Between Going to Trial Versus Settlement in a Birth Injury Medical Malpractice Case Medical malpractice lawsuits are typically resolved by settlement between the parties if the cases survive dismissal in court. Cases that are not filed within the statute of limitations period may be dismissed by the court. Defendants also typically seek to […]
Understanding birth injury trials and settlements
Medical malpractice lawsuits are typically resolved by settlement between the parties if the cases survive dismissal in court. Cases that are not filed within the statute of limitations period may be dismissed by the court. Defendants also typically seek to dismiss medical malpractice cases on legal grounds, and unless a case has absolutely no merit, medical malpractice cases often survive until they go to trial or are settled out of court.
Whether to accept a settlement offer in a medical malpractice case will depend upon the likelihood of success at trial, whether the offer amount is fair given the severity of injuries and other damages suffered by the injured party, and how quickly an injured person wants to get a matter resolved. Going to trial may be the right choice in the most egregious of cases and the defendant(s) are unwilling to settle the case for a fair amount. Trial, however, can be risky, as jurors may not see it the same way as the injured party. Even when a case seems clear and should be successful at trial, juries can go the other way, and find for the defendant(s).
The risk of losing, the expense of going to trial, and the uncertainty of the amount a jury may award an injured party are all very important factors that lawyers and their clients must thoroughly discuss before deciding whether to go to trial. The risk of settling a medical malpractice case is accepting a lower amount than a jury may award at trial. However, when weighing the risks of going to trial versus settling a case out of court, a substantial number of injured plaintiffs choose to settle the case and avoid the risks inherent in the courtroom.
The only way to know whether you or a loved one has a potential medical malpractice claim is to speak with a lawyer who regularly handles medical malpractice cases. Experience is one piece of the puzzle. An experienced attorney must also possess a track record of proven success, evidence of client satisfaction, and a solid reputation in the legal community among fellow lawyers and judges. Numerous lawyers throughout the United States take on medical malpractice cases, but all clients should thoroughly research candidates before choosing to move forward with a lawyer or law firm. Having the right lawyer will provide you – the client – with the best opportunity for seeking and obtaining compensation that is fair based on the circumstances of your or a loved one’s medical malpractice case.
If your child was harmed by malpractice, you could be qualified to file a lawsuit to recover monetary compensation for damages.
Parker Waichman LLP helps parents whose children were harmed in birth injury malpractice receive full monetary compensation. Trust your case with our birth injury attorneys. For a free consultation, contact our law firm today by using our live chat or calling 1-800-YOUR-LAWYER (1-800-968-7529).