Many people have the misconception that medical malpractice lawsuits always result in million-dollar payouts. The truth is that payouts of this type are rare, at best. You hear about them because they are rare enough to be major news when they do occur. In most cases, more than 90 percent of them if we are being realistic, are settled out of court for far less.
It may be in your best interest to settle out of court, depending on your personal situation. Here are some things to consider when you are deciding whether or not to accept a settlement or pursue a jury trial.
The average medical malpractice trial takes approximately four to five years to complete. From the time you file suit to the time you get a judgment, several years will have gone by. And realize that just because you’ve received a favorable verdict, it could take several more years before you receive your payout. A lengthy trial may simply be something that you don’t have time for.
Even though your lawyer works on a contingency basis, a lengthy trail means that you will pay more than you will if you accept a settlement. Imagine the work your attorney will put in and the amount of hours you will be billed for if you go to trial. On the other hand, you may have an attorney who takes a flat percentage, no matter how long a trial takes. This is something you will have to discuss with your legal representative.
3. Payout Versus No Payout
Some cases are stronger than others. While you may stand a chance of winning your case, nothing is guaranteed. Speak with your lawyer about your real chances of winning a lawsuit. An experienced attorney can tell you if it makes more sense for you to take the settlement than to take a chance in front of a judge.
Nothing in life is guaranteed. For some people, the time, energy and money spent on a medical malpractice trial is simply too much to risk for an unfavorable verdict. Only you and your attorney can decide if taking a settlement is in your best interest. The important thing is that you don’t fail to consider what you have been offered.
If you or a loved one has been injured by medical error or negligence in Charleston, call our team of experienced medical malpractice attorneys. We will review the details of your case at no cost to you and advise you of the options available to you under the current law. Call today for your free case evaluation.