Medical malpractice claims are usually settled outside of court, but in some cases, it’s better to take your case to trial. However, any experienced medical malpractice attorney in Baltimore will tell you that settling outside of court is best whenever possible.
Ask a Medical Malpractice Attorney in Baltimore: When Should I Settle Out of Court?
1. When Evidence Is Scarce
Having sufficient evidence is the number one requirement for building a medical malpractice case. Find out more about all the requirements here.
If you go to court, then you risk walking away with nothing if you don’t have sufficient evidence. Even with strong evidence, a large-scale study shows a jury is 50% likely to side with the plaintiff in a medical malpractice case. This number drops significantly if you lack strong evidence.
If you’re offered a settlement without going to court, then it’s a better idea to accept it, even if it’s lower than what your attorney has calculated you’re entitled to.
2. When the Other Side Tries to Turn the Tables
Hospitals, doctors, and insurance companies don’t want to pay out large sums even if you’re entitled to them based on your damages. At the very least, you may be offered a settlement to cover your medical bills and other financial losses. Even if you’re entitled to substantial sums in non-economic damages, you might have to accept a lower settlement if the other side states they’ll try to build a case claiming you’re partially liable for your damages.
The other side may come up with an argument saying that you did something wrong. They might say you neglected to take medication, lied about your symptoms, or waited too late to get treated, so a complication occurred that wasn’t the physician’s fault. If the other side makes this argument in court, then you could end up with nothing.
3. When You May Be Partially Liable
People are imperfect, so maybe you forgot to take your medication as often as necessary. Perhaps you delayed getting treatment until your symptoms got became too serious to ignore. A judge and jury may find you partially liable for complications you suffered, even if your physician also neglected their duty of care once you sought treatment.
So, although your physician may have committed malpractice or been negligent in some way, it’s best to accept a settlement outside of the courtroom in case a judge and jury decide you shouldn’t get compensation.
4. When Your Attorney Advises It
Sometimes your attorney will tell you it’s not worth going to court after they evaluate your case. When your attorney tells you to do something, listening is best. They have years of legal knowledge and experience working on cases similar to yours, so they know when it’s better to accept a lower settlement without going to trial.
When Should I Go to Court?
1. When You Have Strong Evidence
If you have strong evidence to support your claim of medical malpractice and your attorney says the insurance company isn’t offering you enough based on your damages, then it may be best to go to court.
Taking a case to court can net you a significant sum in non-economic damages. However, this only applies in cases where a wrongful death occurred or you were left with a lifelong disability.
2. When the Other Side Refuses To Settle
Sometimes the other side will refuse to accept liability even if you have evidence showing medical malpractice occurred. When you can’t settle, then going to court is sometimes your only option. You may not end up with a large sum, but you may be awarded enough to cover your economic damages and possibly some non-economic damages if your attorney builds you a strong case.
What Are the Benefits of Settling Outside of Court?
1. It’s Less Time-Consuming
Cases that don’t go to court typically settle faster than those that do. It can often take weeks or months to be given a date for your court appearance, and sometimes a case will require multiple appearances in the courtroom to settle.
2. It’s Less Stressful
Going to trial requires additional paperwork, and you need to follow specific procedures. Getting to avoid these will make your case significantly less stressful for all parties involved.
3. It’s Less Costly
Although most medical malpractice attorneys are paid a contingency fee rather than out-of-pocket, you’ll still most likely have to pay all court and filing fees throughout the case. Avoiding the courtroom means you’ll pay less out-of-pocket for the duration of your case.
There are many times when it’s better to avoid the courtroom during a medical malpractice case. Listen to your attorney’s advice regarding whether or not you should settle without going to trial.
