Cases of medical malpractice may settle within the first few days of trial. Since every case is unique, it could be difficult to tell if your case may settle in a beneficial manner. Getting in contact with a skilled medical practice attorney may be a suitable way to maximize Hudson Valley medical malpractice settlements.

An experienced medical malpractice attorney may want to bring the case to trial to potentially help get the justice that is deserved and fulfill your needs.

The Process of a Medical Malpractice Settlement

A lawyer may submit paperwork to begin the process. Following this action, a seasoned attorney may want to contact expert witnesses in preparation for trial. The use of an expert witness may help in explaining to the jury how a medical error could have been avoided. An attorney then may submit all final invoices to the court to gain approval for the expenses of a case as well as legal fees.

Determining the Amount Awarded in Settlements

For determining the amount of a settlement, the attorney may give advice regarding what could be considered the value of the case, and that value could be calculated based upon:

  • Loss of income
  • Past medical expenses
  • Future medical expenses
  • Quality of life following the incident

Once the economic loss has been calculated, the non-economic loss may be calculated. The non-economic loss could be defined as pain and suffering or emotional distress. This brings to light the importance of collecting evidence to determine a proper amount for the plaintiff.

The Time it Takes to Receive a Settlement

The length of time it takes to receive a settlement may depend on the case. In order to expedite the process, it could be beneficial to have all expenses or the litigation ready to submit a motion for court approval. In a case involving an injury claim where the person survives, it may take up to 21 days to receive the settlement check from the defense parties. If a child is injured, New York law may require court approval of the settlement, and that process involves an infant compromise hearing.

The infant, the infant’s guardian, and the attorneys may have to go to court and the court could customarily approve the settlement. The guardian then has the legal authority to sign a release agreement, releasing the claims against the defendants.

Wrongful Death Claims

In the case of a wrongful death claim, the court must approve the settlement, which is generally done in circuit court. Circuit court handles matters relating to death and elder law. The circuit court may determine how the Hudson Valley medical malpractice settlements could be divided among the beneficiaries of the estate.

In New York State, that distribution of money is controlled by the Kaiser formula. The Kaiser formula determines how the money is divided among the beneficiaries of the estate based upon the future years of dependency that each one of the beneficiaries had upon the decedent.

How a Hudson Valley Medical Malpractice Attorney Could Help

A common issue that may happen with Hudson Valley medical malpractice settlements is the defense making an initial offer that is too low for the plaintiff. By seeking the help of a driven medical malpractice attorney you could have someone fight for your rights and fight tirelessly for your case.

Hudson Valley Medical Malpractice Settlements