Futterman, Sirotkin And Seinfeld, LLP
Futterman, Sirotkin And Seinfeld, LLP

Experienced litigation attorneys
who will fight for you

Should you settle your medical malpractice case?

On Behalf of | Dec 23, 2020 | Medical Malpractice |

Medical malpractice can result in serious injuries, a worsened medical condition, and a poor prognosis. This harm can affect every aspect of your life and significantly diminish your quality of life. In other words, if you’ve been hurt by medical malpractice then your damages are probably quite extensive. Doctors and hospitals recognize this, and as such they are swift to try to limit their liability. One way they try to do this is to offer quick settlements to victims. While the allure of a quick resolution may be tempting, before accepting one of these offers you have to carefully question whether accepting it is in your best interests.

Analyzing your medical malpractice settlement offer

When you’re in the midst of a medical malpractice lawsuit, it’s important to remember that the other side’s only interest is in protecting itself. So you should look at every settlement offer with a critical eye. To better determine if you should accept a settlement offer, you should consider each of the following issues:

  • The value of your damages: You can’t know if a settlement offer is appropriate if you haven’t done the legwork to calculate the true extent of your losses. You’ll want to look at medical expenses, rehabilitation costs, lost wages, and noneconomic damages to see where you stand in this area.
  • The evidence: This seems like a no-brainer, but you’ll want to analyze the evidence of the case to identify the strengths and weaknesses of both your case as well as the defense’s case. This can help give you a sense of your likelihood of success at trial.
  • How similar cases have resolved: While no two medical malpractice cases are the same, there probably are some cases that are similar to yours. So, by looking at similar cases you can again increase your ability to determine your likelihood of success at trial, which can give you some direction during negotiations.
  • Your desire to litigate: Taking a case to trial can be your best option, but it does come with some risks. It can also take a while to get to a judgment, which can be a stressful period of time. But if you’re willing to wait, can handle the stress, and think that you can recover more by going to trial, then litigation might be your best bet.

Obtain the thoughtful, holistic legal representation needed

Medical malpractice cases present a number of legal challenges. As such, many people turn to experienced legal professionals for help. Oftentimes this is the only way to have the best legal arguments possible on your side, which can maximize your chances of success. If you want that kind of advocacy on your side, then it might be time to work your case with an attorney of your choosing.