Medical malpractice lawsuits are among the most difficult types of personal injury cases. Still, you can and should take legal action when you have been injured by the negligent actions of a medical professional. Nevertheless, you should expect to be involved in a lengthy legal process. Exactly how long your case may take depends on the facts and circumstances of your situation, but always remember that rushing the process can only hurt the outcome of the case and your financial future.
A medical malpractice attorney can explain the factors that may impact the timing of your specific case. They can also keep your case moving forward and avoid unnecessary delays.
The Court Process Can Be Lengthy and Unpredictable
When you file a medical malpractice lawsuit, you have little control over the timing of the case. The judge is the one who sets the schedule for the case. They will allot a certain amount of time to each phase of the case. The initial schedule that the judge sets is subject to slippage if there are delays. It is not unusual for an actual trial to be held far later than the date that was initially scheduled.
The entire court process can be a lengthy one. It is not uncommon for a case to drag on for years before you reach a resolution. Medical malpractice cases may take even longer than the average personal injury lawsuit, both due to their high dollar value and the complex nature of the scientific evidence that you need to prove your case. Because there are expert witnesses involved, there may also be numerous motions about their ability to testify in your case.
Expect Your Case to Take More Than a Year and Possibly Longer
The timing of your case is often dictated by when you can reach a settlement agreement. In some rare cases, the defendant and their insurance company may be motivated to settle the case more quickly. Then, your case might be resolved within months after you have filed the lawsuit. However, this does not happen often, and you should be pleasantly surprised if your case is resolved in months.
More often than not, your case will take more than a year to reach a settlement agreement. You might have to go through numerous steps in the lawsuit process before the defendant may get serious about settling your case. First, your medical malpractice attorney will initiate the lawsuit by filing a complaint, and the defendant will get their opportunity to submit an answer. Then, the defendant may file a motion to dismiss your case, to which your attorney will reply, before the judge rules on the motion.
Discovery May Be the Longest Part of Your Court Case
The bulk of your medical malpractice case is the discovery process, and this can occur over many months. You have the ability to request evidence from the defendant. Your medical malpractice lawyer can also speak to the doctor and the defendant’s other witnesses during depositions. Your lawyer will ask them questions to better understand how they may testify at trial and elicit evidence that may help your case.
It may still be a considerable amount of time between the close of discovery and the resolution of a lawsuit. Each party may file a motion for summary judgment, where the judge is asked to rule on whether there are material facts that are not in dispute. It can take a long time for the judge to review the motions and write their decision. Then, there will be additional time between the close of the motions period and the trial. Surprisingly, the trial itself is the part of your case that often has the least amount of time devoted to it. After preparing for trial, the trial itself can be quicker than other stages of litigation.
Your Case Would Likely Settle Before You Reach a Trial
Your case may be resolved in advance of trial through a settlement agreement. In fact, this is the most likely outcome in a medical malpractice case, as very few lawsuits end up going to trial. The defendant may raise their settlement offer as your case gets closer to trial, especially if they come to realize you have built a strong case during the discovery process. Your medical malpractice lawyer may negotiate directly with the defendant’s attorney. Alternatively, you can go to mediation to help you negotiate, either on your own volition or when you are ordered to do so by the judge.
All of this is to say that you have a long road ahead of you when you are filing a medical malpractice lawsuit. Realistically, you should count on it taking a while for you to get your compensation if you are successful in your case. You should not let the potentially extended timeline scare you away from filing a case. You should always fight to seek the financial compensation you deserve.
Contact a Medical Malpractice Lawyer Immediately and Exercise Maximum Patience
There is one thing that you have under your control. The one step you can take to move the process forward is to schedule an initial consultation with a medical malpractice attorney and hire them to represent you in your case. Then, you can hand the details of the case off to your attorney as they conduct an intensive investigation and begin work on drafting your lawsuit complaint.
You should be as patient as possible and hold out for as long as necessary to get the compensation that you deserve. Settlement negotiations can drag on for a considerable period of time, and you might have to reject numerous offers that do not fairly cover your losses. The insurance company or the defendant may not be pressed to settle your case at first. They may think that time is on their side, and you may be willing to accept a low settlement offer to bring your case to a conclusion. It is essential that you stand firm, with the help of your injury lawyer in McLean, VA to get the money that you deserve for your injuries.