Not every legal claim goes through court with a judge and a jury. Sometimes a personal injury case will settle before a lawsuit is filed, usually through discussions with the parties under oath or through mediation. Settlements also frequently occur after a trial has started but before a verdict has been reached. Settling a medical malpractice case in Manchester is common but requires some skill in order to get the most out of it. A seasoned medical malpractice attorney could help you with that task.
Why Might Someone Settle Rather Than Go to Trial?
There can be many reasons someone might want to settle rather than go to trial. The settlement might be fair and reasonable, whereas a trial can be unpredictable and might result in receiving no compensation at all. Taking the case to court could also take more time and a plaintiff’s primary goal might be to put the matter behind them. However, if the offer is so low that it does not adequately cover their expenses, they may have no choice but to bring the case in front of a jury.
Ultimately, it is the plaintiff who decides whether or not to accept a settlement offer for a Manchester malpractice case, after consulting with their lawyer on what their potential options are.
Risks of Settlement
The biggest thing to take into account when considering a settlement is the risk associated with trial. Trials can go a lot of different ways, and not always the way that is expected, so the basic thing to do is always understand the risks and weigh them carefully. Depending on the severity of the case and the evidence available, it might take anywhere from six months to three years to reach a settlement. The process can be expedited by identifying experts early and investigating properly. If the defendant knows that there is enough evidence to prove their negligence in court, they may want to put the matter to rest early.
How an Attorney Could Help
It can be difficult to understand the nuances of settlements and how losses are valued, which is why it is recommended that someone gets a lawyer to work with them on their claim. Attorneys help determine the value of a settlement through the use of focus groups, research on how other similar cases are settled, and from experience in evaluating similar situations they worked on in the past.
An injured plaintiff should bring their medical records in to a consultation so the lawyer can see where they were treated and what was done. If available, it might also be wise to bring any documents stating the cost of treatments so that it can be used in a settlement later.
Issues When Negotiating Settlement
When negotiating a settlement for a medical malpractice case in Manchester, individuals often encounter tactics used by insurance companies to delay the case, deny wrongdoing, and defend their insured. They usually submit lowball offers to try and convince someone that their case is not worth much. No one should accept an insurer’s settlement offer – or even talk to them at all – without first hiring respected legal counsel. A lawyer could make sure they get a fair settlement and are not taken advantage of.
Discover Your Options When Settling a Medical Malpractice Case in Manchester
Filing a personal injury claim does not necessarily mean that you must endure a court battle. It is common to settle a medical malpractice claim in Manchester for an appropriate sum, as long as you do it with an accomplished lawyer by your side to prevent underhanded tactics. Contact one today to learn what may be available in your case.