Going to court is typically not necessary to resolve a medical malpractice case. Most cases settle without going to trial. This is possible by developing a strong case and negotiating with the malpractice insurance carrier or the liable party’s legal team to reach a fair settlement.
Even if you hope to avoid court, hiring a Dallas medical malpractice lawyercan ensure your rights remain protected throughout this process and you get a fair chance to recover the compensation you deserve. An attorney can also aim to help you settle the case without a jury trial.
How Do Most Medical Malpractice Cases Resolve?
Most medical malpractice cases do not make it to trial. They either resolve through a negotiated settlement or are dropped because there is insufficient evidence to continue. For those with solid evidence to show medical negligence, the malpractice insurance provider is often willing to make an offer and engage in settlement negotiations to avoid going to court.
A jury trial costs a lot of money for both the victim and the insurance carrier representing the accused doctor or hospital. It is in everyone’s best interests to settle if a fair agreement is possible.
Alternative Dispute Resolution Could Help Resolve Your Malpractice Case
Sometimes, settlement negotiations between the two parties are insufficient to reach an agreement both sides can accept. Alternative dispute resolution might be another way to avoid court when this occurs.
Your case could be resolved during mediation or arbitration if it meets the necessary criteria and your lawyer recommends accepting an offer.
Why Should I Hire a Medical Malpractice Lawyer If My Case Will Likely Not Go to Court?
Medical malpractice attorneys are personal injury lawyersrepresenting patients injured by medical professionals’ negligent behavior. These attorneys have the experience and knowledge necessary to handle malpractice cases from start to finish.
Each state sets its own rules, restrictions, requirements, and deadlines for this process. If you do not have a medical malpractice lawyer overseeing your case, you must be aware of these before you begin your case.
Examples include:
- You must serve defendants with a written notice of your intent to file a claim or lawsuit.
- You must meet strict deadlines during each step in the filing process.
- You must have an expert witness review your evidence and agree malpractice occurred.
- You must represent yourself during settlement negotiations and handle all communications with the malpractice insurance company and the liable party’s lawyers.
It will likely be very difficult, if not impossible, for a victim to gather evidence, document damages, and navigate the legal process on their own while dealing with injuries, rehabilitation, and healing from a serious medical error. This is why we highly recommend hiring a medical malpractice lawyer to fight for your best interests while you take time to recover.
How Will a Medical Malpractice Attorney Help Me Resolve My Case?
When a medical care provider does not provide an adequate standard of care and injuries occur, the patient suffers physical, emotional, and financial harm. The goal of a medical malpractice lawsuit is to hold liable parties responsible for their negligence and recover the money the injured party needs to cover their expenses and losses related to the medical error.
However, navigating the process to secure compensation for the injured patient is not straightforward. It takes significant knowledge about the applicable laws and experience with similar cases to win the money they need to pay their bills and cover their losses.
Hiring a medical malpractice lawyer makes this possible. The victim can focus on their physical recovery while their attorney handles the rest. The role of an attorney in these cases could include:
- Investigating the medical error and determining what happened and why
- Gathering evidence to support a medical malpractice lawsuit, such as medical records and expert testimony
- Identifying a medical expert to assess the case
- Documenting damages and estimating a fair settlement range
- Managing all communication with other parties about the case
- Negotiating with the insurance carrier or attorneys
- Filing the necessary notices and paperwork
- Meeting all applicable deadlines
- Representing their client in settlement negotiations, mediation, or arbitration
- Preparing the case for trial as necessary
- Presenting a strong case for compensation at trial, if needed
What Should I Do to Recover Compensation for My Medical Malpractice Injuries?
If you believe you may have a medical malpractice case, you should speak with a personal injury attorney as soon as possible. Many law firms provide free initial case consultations for those who have suffered injuries due to a doctor or healthcare provider’s negligence. A legal professional can assess your legal options and discuss your next steps.
The money a victim can potentially recover due to medical malpractice depends on many factors. While economic and non-economic damages are generally recoverable, Texas Civil Practice & Remedies Code Section 74.301caps the money available for non-economic losses. Your attorney will know how to manage this rule and can explain how it could affect the outcome of your case.
Your medical malpractice lawyer will document your expenses and losses, calculating the range of fair compensation available in your case. Generally, this could include reimbursement for:
- Current and future medical expenses related to the malpractice
- Ongoing care and rehabilitation costs
- Income losses
- Lost ability to work and earn
- Pain and suffering and other non-economic damages
Speak to Our Team About Your Texas Medical Malpractice Case for Free
At Loncar Lyon Jenkins, we provide free case consultations for those who have suffered medical malpractice injuries in Texas. We can meet virtually if you cannot come to one of our offices. We also represent those who have lost a loved onedue to the negligence of a medical professional or facility.
When you need help with a medical malpractice case, call on the Strong Arm. Contact ustoday for your complimentary case review with our team.
