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Should you accept a medical malpractice settlement offer?

| Feb 11, 2021 | Medical Malpractice

No one expects their medical professional to cause them harm. Yet, the sad reality is that medical malpractice is much more common than most people realize. If your or a loved one know this all too well, then you’re probably thinking about your legal options and the best way to obtain closure and move forward with life. In many of these medical malpractice cases, settlement offers are made by negligent doctors, hospitals, and insurance companies. While one of these settlement offers might purport to provide you with the closure you need, you’ll want to thoroughly vet the offer to see if it’s really in your best interests.

How to analyze your medical malpractice settlement offer

There’s a lot that goes into an analysis of a settlement offer. You’ll want to look at each of them before determining a course of action that is right for you. Here are just some of the things that you’ll want to analyze in light of your settlement offer:

  • The value of your claim: Before you can know the appropriateness of a settlement offer, you need to know what your claim is worth. This means calculating incurred and expected medical expenses and lost wages, as well as putting a price on your pain and suffering.
  • The terms of the settlement: In short, how close does the offer get to your calculation of the value of your claim?
  • The strength of your case: You’ll need to assess the evidence you have not only establishing that medical malpractice caused you harm, but also that evidence that demonstrates the extent of your damages. Consider the testimonial and documentary evidence that supports your position as well as potential expert testimony that you might be able to utilize. You also can’t overlook any weaknesses in your case.
  • How have similar cases resulted? Judges and juries are unpredictable, but you can look at similar cases to get a better feel for your chances of success at trial.
  • Your aversion to risk: Litigation is stressful and risky. But after analyzing the elements of your case that are mentioned above, you will hopefully have a better sense of just how risky going to trial will be. You’ll have to consider how quickly you want to recover compensation and whether you’re willing to risk it all to obtain full compensation for your damages.

Seek the aggressive representation you deserve

Medical malpractice cases can be hotly contested, which is why you might want a competent legal advocate on your side to help you go toe-to-toe against aggressive defense attorneys. One of these attorneys can help you build the strong and thorough case that you need to maximize your chances of success. So if you’re interested in learning more about how to go about pursuing your medical malpractice case, then now may be the time to reach out to an attorney of your choosing.

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