Do most birth injury cases settle? This is a question that may come up during the birth injury process. For today’s birth injury educational article, I am going to discuss my experience and what I know being around these cases (talking with other attorneys in my circles). In addition, I am going to discuss the importance of mediation, and why it can be helpful to clients.
Please remember that before I get into this issue that each and every case is different and must be evaluated as such. In addition, no attorney can guarantee a specific result with these cases, as there are too many factors to take into consideration and we never know for certain a future outcome.
WHO CONTROLS WHEN A CASE CAN SETTLE?
Before getting into the question of do most birth injury cases settle, I would like to take this opportunity to discuss who has the final say, from the plaintiff’s side (the person(s) bringing the lawsuit) as to if a case should settle. The short answer is that it is up to the client to decide if the case should settle of move to trial. With that being said, the client will not make this decision in a vacuum if they have an attorney.
Each attorney may advise and handle the specifics in a different manner, but the concept remains the same. One of the things that I like to make sure that the client understands is from the financial standpoint, where will the client end up? Because the Civil Justice System is here to make the client has “whole” as possible with the use of cash, based on the fault of another, this is something that has to be taken into consideration when deciding whether to settle or move to trial.
A case can settle early on or go into trial. When both parties have an agreement, then a meeting of the minds has occurred, and the case can settle. But as I stated above, the client is the one who must direct whether a case can settle if money has been offered.
DO MOST BIRTH INJURY CASES SETTLE?
It has been my experience that most birth injury cases settle. This can be a good thing because what settlement does is allows the parties to assess the value of a claim. When a jury or fact finder is involved, they are the ones who will attach a value to the case. Sometimes clients either do not know this or forget this fact. The truth of the matter is that we never truly can predict either what the value of a case will be to a jury.
If you have an attorney, he or she will more than likely stress to you the importance of mediation and settlement. They will be sure to prep you for the mediation and answer any questions that you may have regarding the process.
In my opinion, I think that cases like these often settle because of the huge risk that is posed on both sides. With the plaintiff, there is never a guarantee that they will be successful in the case, no matter how great trial preparation and research into the issues. Likewise, for the defense, there is risk for them that they will not be successful and will have to pay out on an expensive life-care plan. For these reasons, and more, when a case can truly be settled, both sides will act accordingly and try and settle when they can (in some cases settlement will not be possible and each side will meet up and court and let a jury/fact-finder decide).
Marcus B. Boston, Esq.
2 Wisconsin Circle, Suite 700
Chevy Chase, Maryland 20815
1-833-4 BABY HELP