When you seek the aid of attorneys medical malpractice, you usually have this question in mind: is it better to go to trial or to agree to a settlement? Accepting a settlement is not ideal but in some cases, complainants do opt for this instead. This is because medical malpractice lawsuits can take years to pan out. The stress can take its toll on anyone. However, you should ask yourself and your attorneys medical malpractice these questions before accepting any settlement.
How strong is the case
No matter how much the defendant is offering, it’s worth taking the case to trial if it is strong and has a fighting chance of winning. Of course, if you lose in court, this can mean you get zero compensation, but most cases who accepted settlements out of trial got compensates for less than half of what they would have received if they chose to go to court.
How much is on the table
As banal as it may sound, it all boils down to how much the defendant is offering. Your attorneys medical malpractice is there to help you assess if you are getting fair compensation. Going to trial can be costly. The process of malpractice proceedings can take a very long time, causing you physical and psychological stress and possibly getting in the way of your life. On the other hand, if you are being offered to little an amount, you could be accepting less than what you deserve for all the damages you have had to endure. The good thing is that the negotiations are not one-ended. You do not have to stop at what the defendant is offering. If you have a lawyer who will skillfully and aggressively advocate for you, you can get an amount that’s only a little less of what you would be awarded had you won in court. This is why it is important to choose the best representation and counsel possible.
Security and speed
Ideally, the case your lawyer has helped you built should be iron-clad and strong enough to win in court. However, if you are facing a jury, several factors may come into play. Sometimes, no matter how strong your case is, the way the case is presented in court to a jury that has a diverse set of perceptions can affect how well your case will face. A settlement helps you avoid the stress of long court waits and the uncertainty of being compensated even if you know that you deserve that compensation. The key is to get the best outcome after everything has been laid out on the table.
Your lawyer will also help you assess the probabilities of your case. As attorneys medical malpractice, they have handled and studied cases similar to yours. They have closely monitored transcripts of trials and would know more or less how the court or the jury would decide. They can also help you profile the jury before the trial so you know if it’s worth going through the risk of a trial. These factors can also help you fare better during settlement negotiations before or during the trial.
Lower your stress levels by having a legal team you can lean on when you file a malpractice case. Get in touch with our attorneys medical malpractice at Montross Miller today.