Not all medical malpractice cases move to trial. In fact, many cases end in a settlement long before reaching a courtroom. By settling outside of court, both the plaintiff and defendant can mitigate the significant risks of a jury trial and work towards a common sense financial agreement. Still, settling a Glastonbury medical malpractice case can be complicated, and it is usually beneficial to have the assistance of an experienced attorney throughout.
The first option available for a Glastonbury medical malpractice settlement is a discussion between the two parties on their own. The lawyers and the adjuster for the defendant or the risk manager for the hospital will meet and see if the issue in question cannot be resolved. Sometimes, the discussion may be very informal over the phone and email. Other times it is done through a mediation, where parties sit down and meet with a mediator to discuss resolution of a claim.
Another option is court mediation, where the court orders each side to mediate with a judge. Again, sometimes cases will resolve at this stage, with the parties discussing their position and coming to some resolution that they can both live with.
Sometimes the parties agree to a private arbitration, in which a third party, usually a lawyer or a retired judge, would essentially act as fact finder and issue an opinion through an arbitration order.
Last, cases can sometimes resolve through settlement discussions at and during the trial, when the parties are talking with the court and each other.
Deciding to Settle
A plaintiff may want to settle rather than go to trial because of the certainty of a settlement. A jury or judge trial comes with a lot of risks. Sometimes, a plaintiff gets what they want, sometimes they get nothing. It is often best that, if the parties are able to, they take ownership and craft their own settlement.
Someone might refuse to take a settlement offer and instead go to trial if the settlement offer is inadequate. Sometimes, insurance companies will offer a low settlement to test the plaintiff’s will and see if they are willing to proceed.
Once a settlement is agreed upon, it would be memorialized in writing by a form called the release. Once the parties have agreed, the release would be signed and the case would be withdrawn.
Role of a Glastonbury Medical Malpractice Attorney
An experienced attorney will be a benefit to someone considering settling a Glastonbury medical malpractice case. A lawyer could explain the strengths and weaknesses in a case, the possible risks, and the likely outcomes. They can also advocate for fair, just, and reasonable compensation. For laymen, it may very hard to understand the value of a case or why a case is worth a certain amount of money. A knowledgeable Glastonbury lawyer may have the proper experience to walk you through the settlement process and ensure that you recover adequate compensation.