(845) 802-0047Settling versus going to trial is one of the most difficult decisions in Hudson Valley cancer medical malpractice cases. If you were the victim of malpractice, consider speaking to an experienced cancer medical malpractice attorney for advice. They could provide valuable legal advice and help you weigh the pros and cons. Whatever you decide to do, they could handle the details on your behalf.
Settling a Case Versus Going to Trial
The factors that have to be taken into consideration when deciding whether or not to settle a case are the amount of the damages and the likelihood of success on liability. If the case is overwhelmingly strong on liability, that is a factor. However, if liability is questionable, then that is something the injured party has to consider in deciding whether to settle or not.
They also want to look at both the economic and the non-economic damages. The economic damages would include loss of earnings and medical expenses, past and future. The non-economic damages would consist of pain and suffering. That includes a change in the quality of the life of the person. Economic and non-economic damages would both be factored into determining the full value of the case.
Are There Benefits of Going to Trial in a Cancer Malpractice Case?
Many cases do go trial, but the cases that get resolved usually do not get resolved until either the date of the trial or just before the trial. It would be rare to see a settlement occur well in advance of the trial. Often times, it requires a week or more at trial before the defense will make a settlement offer.
The benefit of going to trial is that it can be the best way to maximize a person’s recovery. The victim and their attorney put the pressure on the defense, so they know that they are serious and willing to spend whatever money it takes to get the best result possible as opposed to simply settling for whatever they can get. That is the biggest mistake made by attorneys representing injured parties in medical malpractice. Many of them just want to settle the case for whatever they can get as opposed to going to court, presenting the case, and trying to maximize the recovery.
Benefits of a Settlement
Settling a case does not always result in less money than a trial. Sometimes settlements are good for all parties. It removes any doubt about what will happen. In a court, the outcome of the case hinges upon eight strangers sitting in the jury box, and it is extremely unpredictable what they will decide. Even if the person has a strong case, the jury could find against them. The benefit of a settlement is that once it is confirmed and in writing, that removes any doubt as to the outcome of the case.
How Does The Settlement Process Work in Hudson Valley Cancer Cases?
For most medical malpractice cases, the settlement process begins by placing the settlement on the record in court. The parties will go before the judge or sign a written agreement that establishes the terms of a settlement. From the date on which they sign a release agreement, the defense has 21 days to issue the payment.
If they do not issue the payment within 21 days, then a person can enter a judgment against the defendants with the full amount of the settlement. If the settlement is for a child, it requires court approval of the settlement. A motion would need to be made to the trial court, which in New York is the New York State Supreme Court. That court will hold a hearing in which the infant would be present with the infant’s parents and the court will then approve how the money would be invested for the child, such as an annuity, a trust, or a bond.
Wrongful Death
If the case involves wrongful death, the settlement requires court approval from the New York State Supreme Court. A motion would be made to the Supreme Court, they would approve the legal fees and the case expenses, and then they would transfer the lawsuit to Surrogate’s Court in the county where the person died. Once the matter is transferred to Surrogate’s Court, that court determines how the money will be divided among the distributees of the estate, usually the spouse or the children. The Surrogate’s Court would issue a decree or a court order determining how the money would be divided and then the money can be distributed to the surviving distributees of the estate.
Let a Lawyer Assist With Hudson Valley Cancer Medical Malpractice Cases
If you need help initiating or handling Hudson Valley cancer medical malpractice cases, do not hesitate to consult with an experienced attorney. They could look at the facts of your case and help you weigh your options. Regardless of what you decide, they could fight on your behalf for a positive outcome. Call today to schedule a consultation.