You may have seen statistics that show that plaintiffs often do not prevail at medical malpractice trials. However, you should not let that discourage you from taking legal action in any way. The truth is that it is actually very rare for a medical malpractice case to go all the way to trial. Most medical malpractice cases end in a settlement agreement, where the defendant pays you money for your injuries and gets to avoid a trial. In fact, this is the most common outcome in a medical malpractice case.
Nevertheless, you should not take it for granted that you will get money in connection with your injuries. Hiring a McLean, VA medical malpractice lawyer can put you in the strongest legal position to settle your case and reach an agreement that fully pays you for your damages.
Only a Handful of Medical Malpractice Cases Go to Trial
The exact percentage of medical malpractice cases that end in a settlement is hard to deduce, but the only known statistic is that only 7 percent of medical malpractice cases will go to trial. The vast majority of them are resolved before that point. Most end in a settlement agreement, while some may be dismissed by the judge.
Even if statistics show that most medical malpractice cases will end in a settlement agreement, it does not mean that you will automatically be paid for your injuries. Statistics represent a large cross-section of individuals, and you have no idea how much work each individual plaintiff had put into their case to reach the point where they may qualify for a settlement check. The defendant is not going to settle a case unless they have a strong reason to do so. Knowing that you have built a viable case, and understanding that they may need to face a jury will be the push that a defendant needs to come to the table to discuss your settlement.
Both Parties May Have Reasons to Settle the Case
Both you and the defendant have your own motivations to settle a case. The medical professional who was responsible for your injuries has every reason to be afraid of a jury, especially when they see that you have built a strong case proving that they were negligent and the direct cause of your injury. The defendant still has some element of control over your case right up until the moment where it reaches a jury.
When you have managed to persuade a jury that malpractice occurred, they will be the ones who decide how much money you can get for your injuries. The defendant often will not like the result. Not only can a jury award you far more money than the defendant may have been willing to offer in a settlement, but punitive damages can also be on the table. Accordingly, the defendant may try to manage their own risk through a settlement agreement.
At the same time, you also may not want to take the risk of going in front of a jury. If they do not think that you have presented enough evidence to show that malpractice occurred, they will not rule in your favor. An adverse verdict means that you will get nothing for your injuries. Juries can be notoriously unpredictable, and some individual jurors may have a natural reservoir of trust that they place in doctors because they believe them to be experts.
You Need to Build a Strong Case Before the Defendant Agrees to Settle
Still, a medical malpractice settlement will not occur until the defendant sees that you have strong evidence of their wrongdoing. You may only reach that point after years of the litigation process. You may need to file a lawsuit first, so you can begin to compile the evidence that you need to show malpractice. Your medical malpractice lawyer will build the evidence you need through the discovery process of the lawsuit, where they can both interview the doctor in a deposition and obtain additional proof that is in the hands of a medical professional.
Your medical malpractice lawsuit can settle at any point in the legal process. Much depends on the defendant and their insurance company and how they perceive your case. There is always a chance that the defendant may try to settle your case early in the process. They may know immediately that they can have a significant legal issue, and it is only a matter of time until you will discover the evidence that you need to hold them accountable. They may try without success to have your lawsuit dismissed and realize after that point that a settlement agreement is in their best interests.
The most common time for a medical malpractice case to settle is after the close of the discovery process. At that point, the defendant realizes that you have built a strong case, and you may be likely to prevail in front of a jury. They know that they can be ordered to pay a large amount of money, and they want to avoid that prospect to the fullest possible extent.
You Do Not Have to Accept a Settlement Offer
Just because you are being offered a settlement does not always mean that it is the right thing for you. The defendant can make you a lowball settlement offer, knowing that you need the money. You will need to continue to fight through the legal process to get enough money to compensate you for your injuries.
Your medical malpractice attorney will need to continue to negotiate with the defendant until you are fully paid. It is not a stretch to say that settlement negotiations can take years from start to finish. In many cases, it is the prospect of an approaching trial that the defendant can very well lose, which forces their hand to raise their settlement offer. Your medical malpractice lawyer may even need to engage in mediation with the defendant to negotiate a settlement agreement for you.
Contact A Medical Malpractice Attorney Near You
If you or a loved one has suffered an injury from medical malpractice, contact a trusted injury attorney in McLean today to ensure you obtain the compensation you deserve.