Settlement Versus Trial in a Florida Medical Malpractice Case
Many victims of medical malpractice will consider taking legal action to recover compensation for their injuries, but most aren’t sure where to start. As a victim, you may wonder whether it’s in your best interests to settle or go to court to pursue your claim for damages.
The truth is that many medical malpractice disputes are resolved out-of-court, while others that do lead to litigation are settled before a verdict. Others will go to a jury after a full trial on the merits. This can be risky, as there may be a finding in favor of the healthcare provider and against the victim. However, there can also be a jury verdict much greater than the defendant’s previous settlement offers. A Florida medical malpractice lawyer can help you determine the best strategy based on the details of your case.
Weighing Your Options for a Malpractice Claim
It’s impossible to tell you whether you should settle or go to trial because every case is different. What you can do is discuss your situation with a medical malpractice lawyer and get the details you need to make an informed decision regarding your rights. It helps to weigh the pros and cons of each scenario.
Settlement vs. Trial
It may be in your best interests to negotiate a settlement before going to trial because there are no guarantees in the courtroom. There is always a possibility—however minimal—that you could walk away with nothing. Once you agree on an amount to settle your claim, you know you’ll receive a payout. Settling is also much faster than going to trial, and the costs of your medical malpractice claim are typically lower.
The downside to settling is that you’ll never know how much you could have received through a trial. A jury might be profoundly moved by your situation and come back with a verdict that’s much higher than your settlement amount.
When the opposing party doesn’t offer a fair, reasonable amount to settle, you may consider going to court. There’s a significant amount of risk, but there’s also the potential for a considerable reward if you can convince the jury. Ultimately, the decision is a risk-benefit analysis that a lawyer can assist you in navigating.
Things to Consider Before Settling a Florida Medical Malpractice Case
Before choosing a law firm, make sure they have experience taking cases to trial and a history of getting their clients settlements or verdicts. The firms should be able to give you reasonable expectations and discuss any strengths and weaknesses in your case. You should choose a firm that has a track record of not being afraid of going to trial when insurance companies do not appreciate the full value of a case.
A Florida personal injury lawyer with a focus on medical malpractice will ask you many questions and bring up considerations for your case like:
The Range of Damages You Might Be Able to Claim
The concept of damages relates to the losses you have sustained because of how medical malpractice has affected your life. You could qualify to recover compensation for the medical bills that resulted from a healthcare provider’s mistake, as well as any lost wages for missing work. You may also be eligible to obtain compensation for diminished quality of life, consequences for your personal relationships, and other harm you suffered.
Additionally, if you are still under a physician’s care for the injuries you experienced due to malpractice, it may be too early to consider settling. Your medical bills are continuing to add up, so they will not be included in the settlement offer.
Going to trial can extend the process, but it allows your lawyers and treating medical team to have a better understanding of your long-term medical needs. Make sure your chosen firm has experts and resources that can properly assess and estimate your losses.
Have You Shared the Whole Story About Your Malpractice Claim?
When making an offer to settle your medical malpractice claim, the other side will conduct an in-depth investigation. Your medical records are the most important, but other information related to your losses is also crucial. You need to make sure the investigators have all relevant details so you can be made whole through compensation.
Malpractice claims in Florida can be extremely complex, so make sure your malpractice attorney also has all the information you have. Missing or hidden information can harm your case’s chances.
Considering Your Future After Harm Caused by Malpractice
Your future may be somewhat uncertain after suffering medical malpractice injuries, and you could risk being undercompensated if you settle before you know the bigger picture. You may not be able to return to work or could require at-home care, so you should consider what your life will look like years down the road before settling your case.
Are There Other Legal Options Available?
You should be aware of alternative dispute resolutions to resolve your medical malpractice claim. Through mediation or arbitration, you might obtain a favorable outcome to resolve your case. However, if you are not able to reach an agreement, you may need a legal team to take your case to trial.
Privacy, Legal Impact, and Medical Malpractice Claims
Getting just compensation for your injuries and trauma is the goal of any settlement or trial, but another factor to consider is publicity. Going to trial means the case may become more public than a settlement. Exposing this negligence can help bring an individual or facility’s actions to light and may even foster legal changes.
If you want to minimize exposure, a settlement can offer more privacy. However, your lawyer can help you determine which path may suit your needs.
Discuss Strategy with a Florida Medical Malpractice Attorney
If you suffered bodily harm and suspect medical malpractice is to blame, please contact the Florida medical malpractice lawyers at Freidin Brown, P.A. to set up a free evaluation at our offices in Miami or Fort Myers. We can also meet with you online through video calls or talk to you over the phone if you cannot travel or are from other parts of Florida.
We can examine your circumstances and explain the best strategy for obtaining compensation, whether it means working on an agreement to settle or taking the matter to court. Call now to get started.
