Following a stroke misdiagnosis, it could be difficult to decide whether you want to settle a case or not. You may be conflicted on whether you want to hold the negligent medical professional accountable in court, or if you want to settle out of court. There are advantages and disadvantages to settling a Hudson Valley stroke medical malpractice case, which is why it is important to work with a capable malpractice attorney that could help you determine which option works best for you.

Damages in Stroke Medical Malpractice Cases

The damages in stroke medical malpractice cases are economic and non-economic. The economic damages in a stroke case usually consist of loss of earnings and medical expenses. The loss of earnings would be based upon their prior earnings at the time of the stroke and projected out over their work life expectancy. The medical expenses would consist of the past expenses already incurred and the future medical expenses.

Often times, in a stroke case, the person may have a life care plan to be seen by an expert in physical medicine and rehabilitation, and that expert would determine the future medical needs of the patient in terms of doctor’s visits, institutional care, medical equipment supplies, and medications. They will project those expenses out over the rest of the patient’s life, and an economist would project the value of those losses in terms of present day values.

Non-Economic Damages in Stroke Cases

The other types of damages are non-economic. Non-economic damage means pain and suffering or the impact of the injuries upon the quality of the person’s life. This can include their ability to work, their ability to play, their ability to spend time with their family, cognitive losses associated with the stroke, memory losses, their ability to speak, etc..

Process of Settling a Medical Malpractice Case

Some cases may include an offer to settle, and then there is give and take between the amount of the demand and the defendant’s offer. Both sides try to determine whether they can reach common ground when settling a Hudson Valley stroke medical malpractice case.

Many stroke medical malpractice cases go to trial but settle at trial. After a week or two at trial, the defendant may want to see how strong the witnesses and experts are and whether the plaintiff is truly prepared to go trial. It is important to note that the plaintiff makes the decision to settle. The attorney representing the plaintiff is simply giving advice and making recommendations, but ultimately the plaintiff will decide.

Benefits of a Stroke Malpractice Trial

The benefit to a trial is that a person is most likely going to maximize the value of their recovery. When cases settle, often times the defendants are trying to get the best deal possible, and that could be a fraction of the true value of the case. Whereas, when they go to trial and they spend the money on the experts, they are sending a message to the defense that they are willing to go all the way to verdict. Generally, the amount of a recovery, whether it be in a settlement or a judgment, will be much higher than a pre-trial settlement.

Issues When Attempting to Settle a Stroke Case

The number one difficulty when settling a Hudson Valley stroke medical malpractice case is the length of time that it takes for potential clients to get the money from the settlement, especially in an infant settlement. An infant under New York law is anyone 18 years of age or younger.

For example, an infant compromise in a wrongful death case requires court approval, and this can take a long time. The biggest problem facing people when they settle, whether it be an infant compromise or a wrongful death settlement, is that often times the length of time they have to wait until getting their money is unpredictable.

Factors When Deciding Whether to Settle a Stroke Malpractice Case or Not

The number one factor to consider when deciding whether or not to settle a stroke medical malpractice case is the likelihood of winning the case. A person has to weigh the likelihood of success because, in New York State, about 75% of verdicts go in favor of the defendant. They should consider the possibility of losing even in the best of circumstances. They have to weigh the good and the bad of taking a verdict. A capable attorney could help an individual take these factors into consideration when determining whether settling a Hudson Valley stroke medical malpractice case is right for an individual.

Hudson Valley Stroke Medical Malpractice Lawyer