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Are All Medical Malpractice Claims dealt in court?
Contrary to belief the majority of medical malpractice claims do not reach a courtroom trial. Based on my experience I have observed that a significant number of these cases are resolved through settlements negotiated outside of courtrooms. It’s important to note that this trend is not limited to my practice; it holds true across the field.
The Reality: Most Cases Are Settled Outside the Courtroom
Understanding the Process of Medical Malpractice Cases As someone who has experience, with medical malpractice cases I frequently encounter a question from my clients; “Do all medical malpractice claims go to trial?”The answer to this question is not straightforward as it depends on factors and circumstances that determine whether a medical malpractice case proceeds to trial. Having an understanding of these factors is crucial for individuals navigating the complexities of such cases.
Why Settlements Often Reach Risk Management: Trials can be unpredictable. Both plaintiffs and defendants often prefer the certainty offered by settlements of relying on jury verdicts.
Cost Effectiveness: Trials can be expensive, in terms of fees, court costs and time investment.
Exceeding 100 Million Won in Victories
Our team has exceeded 100 million won in victories for our clients. This large amount is a sign of our strong effort and success in legal challenges. It’s not only about winning money; it’s about fairness and helping you. We’re committed to fighting for your best interests.
My Legal Notes on Settlements during the legal process
There are reasons that motivate both parties involved to choose settlements of going through the legal process. One significant factor is time efficiency as the legal process can be quite time consuming. Opting for settlements often leads to resolutions compared to trials, which can benefit everyone involved.However there are situations where a malpractice case may end up going to trial.
One such circumstance is when there is a dispute, over liability. If the defendant the healthcare provider or hospital denies responsibility or questions the validity of the claim the case might proceed to trial. Another factor that may result in a trial is when substantial compensation is at stake. If the amount of money involved exceeds insurance policy limits both parties might be more inclined to take their chances in court.
Yet, from my experince cases involving issues that require extensive expert testimony may be more suitable for a trial. In some instances plaintiffs may prefer a trial for reasons, beyond compensation. They may seek recognition of the harm they have suffered or aim to establish a precedent. As a malpractice attorney, part of my responsibility is to guide clients on deciding whether to negotiate a settlement or proceed with a trial.
This decision is made after considering factors
Strength of the Case : We thoroughly assess the evidence, including records and expert opinions to determine the likelihood of success, during a trial.
Taking Client Interests into Account: When deciding whether to settle a case or proceed to trial we prioritize our clients interests. It’s crucial to consider their circumstances and financial situation.
Rest assured that we handle each case with care whether it leads to a settlement or goes to court.If you require any information or assistance regarding your medical malpractice situation please don’t hesitate to reach out to us. For guidance on whether your case may proceed to trial feel free to contact us for a consultation. With our experience, in handling medical malpractice claims our objective is to help you understand all options and pursue the best possible outcome based on your unique circumstances.
Hey, Have you had a Medical Malpractice Occur?
Contact Information: You can reach me, Percy Martinez – Medical Malpractice Lawyers at 2655 S Le Jeune Rd #504, Coral Gables, FL 33134-5816. You can contact my office at 305-529-0001.