(845) 802-0047After getting injured due to the negligence of a physician or medical professional, you may be unable to pay your medical bills, return to work, invest in your relationships, participate in hobbies, or simply enjoy life. New York law allows individuals to seek compensation for their injuries and damages.
In some medical malpractice cases, a settlement is the best option for all parties. Settling a Troy medical malpractice case is often preferred over going to trial to save time and money. A seasoned medical malpractice attorney could answer your questions about settlements.
Understanding Settlements
A settlement is a pre-trial agreement that negates the need for a trial. Short of the plaintiff withdrawing their claim, a lawsuit ends either in a jury verdict or a settlement. To prove malpractice has occurred, the plaintiff and their attorney will need to prove that the actions of medical professional resulted in their injuries. They must also prove that the physician did not follow the standard duty of care. Once they are able to prove negligence, then settlement negotiations may begin.
Attorneys for both sides could negotiate a settlement in face-to-face meetings, which could occur during mediation, over the phone, or even via email. The plaintiff’s attorney will keep the plaintiff informed of the settlement offers on the table and advise them of which one to accept. Once a settlement is agreed upon, all parties and their attorneys will sign the agreement.
When the agreement is executed, the plaintiff will file for the lawsuit to be dismissed with prejudice. This will forever bar them from filing the same claim again. The settlement money is provided to the plaintiff’s lawyer. The lawyer’s fees will be taken out of the settlement and then the remainder of the settlement will be given to the plaintiff.
Benefits of Settling a Medical Malpractice Case
A settlement could be a lucrative end to the lawsuit for both the plaintiff and the defendant. As such, settling a medical malpractice lawsuit in Troy has a variety of potential benefits.
Shorter Duration
Settlements could occur at any point before the trial or even during a trial. A settlement may provide a quick resolution for all parties involved. The plaintiff may be able to receive compensation faster to cover their damages. This could include medical bills, lost wages, and more.
Saving Money
Going to trial takes both time and money. Expert medical witnesses, research, and other trial preparation tasks are expensive. The longer the lawsuit drags on, the more money is spent on both sides.
Privacy
The plaintiff will not have to suffer in court. Their medical records will continue to be private rather than on public record.
Decreasing Risk
Trials are risky for both sides. As an example, the plaintiff in a trial might be assigned a percentage of fault for their injuries which could decrease their compensation. As stated by the New York Civil Practice & Law Rules section 4011a, a plaintiff’s award could be decreased by their own percentage of fault. Settling a Troy medical malpractice case may allow both parties to have some control over how much they must pay or how much they may receive.
Get Assistance with Settling a Troy Medical Malpractice Case
For any questions about the pros and cons of negotiations and settlements, it is best to speak to a qualified attorney. After evaluating your case, an attorney could tell you if you have a valid claim and if a settlement might be a good option for you. An experienced attorney could evaluate your injuries and damages and help determine how much money your claim might be worth. Call today to learn more about how a lawyer could help you with settling a Troy medical malpractice case.