When you contact a medical malpractice lawyer, one of the first questions you may ask is your chances of winning. You have been injured by the careless actions of a medical professional, and you want to be successful in obtaining legal relief and financial recovery for the harm they caused.
Your medical malpractice attorney may tell you that lawsuits are sometimes difficult to win, at least more challenging than many other types of injury claims. However, these cases are certainly winnable with the right legal representation. Always let a medical malpractice attorney in Mclean, VA review the facts of your situation and advise on whether you have a chance of winning your case.
You Win Your Case Two Ways: Through a Settlement or at Trial
There is not only one path to success in a medical malpractice case. You can achieve a successful result even if you do not take your case to a jury and receive a favorable verdict. You can reach a settlement agreement with the doctor or hospital’s insurance company that compensates your injuries, and a fair settlement is considered a win in injury claims. Do not assume your case will always need to go to trial since it rarely happens.
Most medical malpractice cases will never reach a trial. One estimate says that only seven percent of medical malpractice cases will ever go to trial. Some cases may not even go a long way in the litigation process before they are resolved through a settlement. Not every case requires a courtroom battle to “win,” and your medical malpractice attorney will explore every avenue for a favorable outcome.
Settling Medical Malpractice Cases
As mentioned, the vast majority of these cases result in a settlement agreement at some point during the legal process. A medical malpractice attorney can build a strong case using expert witnesses and the discovery process. The defendant may realize your case’s strength and understand their potential risks.
Juries sometimes award high verdicts – higher than you might accept in a settlement agreement. The defendant may realize that if their case went to a jury, they can potentially be liable for even more money than they might pay in a settlement agreement. This can lead them to make a fair offer, resolving the matter out of court.
If the defendant knows their conduct was particularly intolerable, they might also fear the prospect of punitive damages, which are only available if the case goes to trial. The defendant may become serious about settling the case to manage their own risks.
Your medical malpractice attorney can advise whether accepting a settlement offer or going to trial is your best option.
Only a Handful of Medical Malpractice Cases Will Go to Trial
Because most cases settle, very few medical malpractice cases will ever reach a trial. A defendant will only push to go to trial when they believe they have a strong chance of winning because the risks are too great. They will make a pretrial final settlement offer, and if it is inadequate and you do not accept it, the case can proceed to court.
When settling a case, the odds are more in your favor, as you have control over the outcome. You can choose what you accept or not. When a case goes to trial, the outcome is in the hands of the jury, and there is a possibility they can rule against you or not award enough compensation. However, this should only happen if the defendant has a stronger legal position, and your medical malpractice attorney should have built a solid case on your behalf.
If you have a valid and strong case, and the defendant refuses to settle for a fair amount, the right attorney can successfully win at trial. While there are never any guarantees in court, going to trial can be necessary in some cases. Always heed the advice of your experienced medical malpractice lawyer.
Building a Strong Case Increases Your Chances of Victory
Whether you win your case depends on the facts and the law. Even though you may see statistics about prior medical malpractice outcomes, never draw any assumptions about your own case from them. Other plaintiffs have had facts and circumstances different from those in your case.
You should not think you have long odds of success because other plaintiffs may not have won their own cases. Always speak with a medical malpractice lawyer to learn whether you have a strong case instead of reaching conclusions on your own. They can review your facts and give you their own professional opinion about the strength of your potential case.
It Can Take a While for You to Win Your Medical Malpractice Case
Before you file a medical malpractice lawsuit, you should understand that you might be in for a lengthy legal process. It may take considerable time before your medical malpractice lawyer is even in a position to demand a settlement or file a lawsuit on your behalf. This is because obtaining expert opinions and building your case can take time.
Then, the medical malpractice lawsuit process has many steps. Because these cases are so complex, there might be a long time allotted to the discovery process. Along the way, your medical malpractice lawyer may talk about a possible settlement with the defendant, hoping to avoid a trial entirely. If you have a strong case, chances are the defendant will be motivated to negotiate with your lawyer following discovery.
Always Prepare for Your Case to Go to Trial
Even though there is a strong likelihood that your case will settle, you must be prepared as if your medical malpractice lawsuit is headed to court. Accordingly, you need to hire a medical malpractice attorney with courtroom experience. Never hire an attorney who does not have extensive experience in medical malpractice cases. Even though these cases are a part of the overall category of personal injury law, they have challenges that require someone who has previously handled these cases.
Then, ask about your medical malpractice attorney’s style and how they handle cases. Some may be more likely to litigate than others. You need someone who will prepare for trial while attempting to settle the matter out of court.
Contact a personal injury lawyer today for a free consultation. They can give you an idea of the odds of winning your specific case.