In some cases, a medical malpractice case may not be resolved with a jury or fact finder, but through settlement. When this occurs, a benefit of settling your medical malpractice case might be on the minds of the plaintiff, or the person bringing the case. Although many people might understand that cases sometimes settle, understanding the process might be a different issue altogether.
For this Maryland medical malpractice educational article, I would like to not only talk about a benefit of settling your medical malpractice case, but the settlement process in general. Remember, for a subject like this, speak with your medical malpractice attorney regarding specific questions you may have regarding your set of facts, as this article provides general information in Maryland.
WHEN CAN YOU SETTLE YOUR MEDICAL MALPRACTICE CASE?
Before we tackle the question dealing with a benefit of settling your medical malpractice case, let us talk about the settlement process. In general, a medical malpractice case can settle anytime during the case. For example, in some cases, a case might settle after speaking with the risk management office and sending a demand. In other instances, the case may not settle during that time frame. As a matter of fact, your attorney may think that filing a demand on your case may not be a good way to go to resolve your case.
When this happens, usually a law suit is filed, and the case moves forward. During the law suit, a case can settle during the discovery phase or even during mediation. Not only can a case settle during these steps, but the case can also settle at the eve of trial, or even during trial. If there is a meeting of the minds and an agreement that the amount offered to settle is good for the plaintiff, the case can usually settle.
A BENEFIT OF SETTLING YOUR MEDICAL MALPRACTICE CASE
So, what is a benefit of settling your medical malpractice case? There can be many benefits, but for today, I would like to speak on one important benefit. That benefit is that once you settle your medical malpractice case, you, the plaintiff, have determined what the value of your case is for your situation.
If you have a jury trial, or a bench trial in some cases, the fact finder(s) will be the ones who will tell you the value of your case. When you settle the case on your own, you are the one who places the value on your case. This can be an important feature because in some situations, a jury may come back with a value less that what you think that your case is worth.
Before leaving this point, remember that not all cases will settle. Sometimes there will not be a meeting of the minds regarding the value of the case and a jury, or fact finder will have to be the one(s) to place a value on the case.
QUESTIONS REGARDING YOUR MEDICAL INJURY?
To speak with me further regarding your medical malpractice injury, or your child’s birth injury, this is what I invite you to do. Pick up the phone and give me a call. I can be reached at 301-850-4832. I answer Maryland birth injury and medical malpractice questions just like yours all the time and I will be happy to listen to your story.
Marcus B. Boston, Esq.
Boston Law Group, LLC
2 Wisconsin Circle, Suite 700
Chevy Chase, Maryland 20815
1-833-4 BABY HELP