If you wish to take legal action against a healthcare provider because of negligence or substandard medical care, your medical malpractice case can be resolved in one of two ways. The case can settle or the case can go to trial where a jury will decide on the outcome of your malpractice claim.
Whether your case is likely to settle or go to trial depends upon the specific facts of the medical negligence that led to your injuries. There are also many other factors that affect the likelihood of settling your case. An experienced St. Louis medical malpractice lawyer at Carey, Danis & Lowe can help you to determine if your case is likely to be resolved outside of court. Our attorneys are experienced trial attorneys and negotiators who can help to facilitate a settlement that provides fair compensation for your losses. If your case does go to court, we also have the litigation skills and trial experience necessary to maximize your chances of a jury deciding the case in your favor.
Will My Malpractice Case Settle?
Doctors and other healthcare providers are represented by attorneys hired by their medical malpractice insurers. These insurers will usually be the ones paying for the lawyers and defending the malpractice case. The insurers will also be the ones who decide whether to negotiate a settlement, what to offer, or whether to try the case.
When a settlement agreement is reached, the insurer (or defendant) agrees to pay you a designated sum of money. In exchange, you must sign a release of liability and give up the right to sue or make any further claims for compensation. You need to ensure that the settlement provides you with sufficient funds before you agree to it because you cannot decide to change your mind later after you’ve accepted the money.
Insurers settle because they believe that you are likely to prevail in court and because they want to control the costs they have to pay.
The strength of your evidence impacts whether a settlement is reached. If the insurer believes that you are more likely than not going to win in court, then you may be offered a settlement that is worth accepting compared with the risk of losing or winning less at trial. However, if the insurer does not think you can win, the settlement offer may be low. You’d then need to decide if you want to take the risk of going to court and getting nothing or if you should accept the money being offered to you.
Medical Malpractice Case in St. Louis Legal Advice and Guidance
These are just some of the many considerations that go into determining whether your medical malpractice case in St. Louis is likely to settle or whether you will need to go to court to get the money you need to cover losses caused by medical negligence. Contact an experienced St. Louis medical malpractice lawyer at Carey, Danis & Lowe to have your specific case evaluated and to find out more about your options for taking legal action.