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5 Things to Consider Before Settling a Florida Medical Malpractice Case


Not all Florida medical malpractice cases go to trial and, in fact, most cases settle out-of-court. LeverageRx, an online med mal insurance marketplace, reveals the prevalence of settlements in its 2019 Medical Malpractice Payout Report. More than 96 percent of all medical malpractice claims are resolved through agreement by the parties, instead of risking the cost, time, and uncertainty involved with a trial.

Still, not every medical malpractice case is appropriate for settlement. Always keep in mind that the defendant is looking out for its own financial interests – not yours. You need to consider a few factors before you agree, and your Florida medical malpractice lawyer will guide you in making an informed decision. Some questions to ask yourself include: 

  1. Do you know what damages you may recover? The concept of damages relates to the losses you have sustained because of how medical malpractice has affected your life. You could qualify to recover compensation for the medical bills that resulted from a health care provider’s mistake, as well as any lost wages for missing work. You may also be eligible to obtain compensation for diminished quality of life, consequences for your personal relationships, and other harm you suffered.
  1. Have you shared the whole story? When making an offer to settle your med mal claim, the other side will conduct an in-depth investigation. Your medical records are the most important, but other information related to your losses is also crucial. You need to make sure the investigators have all relevant details, so you can be made whole through compensation.
  1. Are you still receiving medical treatment? If you are still under a physician’s care for the injuries you experienced due to malpractice, it may be too early to consider settling. For one, your medical bills are continuing to add up, so they will not be included in the settlement offer.
  1. Do you know what lies ahead? Your future may be somewhat uncertain after suffering medical malpractice injuries, and you could risk being undercompensated if you settle before you know the bigger picture. You may not be able to return to work or could require at-home care, so you should consider what your life will look like years down the road before settling your case.
  1. Are there other legal options available? You should be aware of alternative dispute resolution to resolve your med mal claim, in addition to trial. Through mediation or arbitration, you might obtain a favorable outcome to resolve your case. However, if you are not able to reach an agreement, you may need an experienced legal team to take your case to trial.

Talk to a Florida Medical Malpractice Attorney About Settlement 

As you can see, there are many issues and circumstances you need to consider before settling a med mal case. When you have an experienced Miami medical malpractice lawyer to advise you, you are in a better position to recover a fair, reasonable amount for your losses. For more information, please contact Freidin Brown, P.A. to set up a free consultation at our offices.




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