A lot of medical malpractice cases settle before they head to trial. This can be a good thing, as it can lead to the quicker recovery of compensation while sparing you the time and stress associated with litigation, but if you’re not careful, a settlement that’s reached too quickly could fall short of meeting your needs. The question, then, is how can you tell when it’s appropriate to settle your medical malpractice claim.
Signs that settlement may be appropriate in your medical malpractice case
The decision whether to settle your case ultimately rests with you. While that can be a difficult choice to make, there are some signs that you should take into consideration that may indicate that you’re in a better position to accept a settlement rather than taking your case to trial. These include:
- There are evidentiary weaknesses in your case when it comes to proving causation.
- Your anticipated losses are subject to dispute with experts disagreeing on your prognosis and need for treatment.
- There are credibility and thus reliability issues with your witnesses.
- You need money sooner rather than later.
- You can’t deal with the stress of prolonged litigation.
- You want to mitigate the risk of taking the case to trial.
Settling isn’t right in every case. You should therefore carefully analyze the circumstances of your case and discuss them with your attorney to ensure you make the decision that protects your best interests.
Don’t under analyze your medical malpractice case
There’s certainly a lot at stake in a medical malpractice case. That’s why now is the time to take a close look at your situation to determine your best course of action. That may be settling your claim for as much as possible, or it could be taking the fight to those responsible for your harm by way of a contested trial. Either way, you need to know how to use the law and the rules of evidence to your favor, which is why it may be wise to discuss your case in-depth with your medical malpractice attorney.