Every medical malpractice case that is filed in West Palm Beach must go to mediation. That is an opportunity for the parties to sit down and discuss settlement. Even if it does not settle at mediation, a person can still have more talks about settling their West Palm Beach medical malpractice case.
If you are in the midst of settling your West Palm Beach medical malpractice claim, it is important to seek the assistance of an experienced lawyer. A knowledgeable medical malpractice attorney in West Palm Beach can help you swiftly navigate the legal avenues toward settlement.
When aiming to settle a West Palm Beach medical malpractice case, an attorney would want to determine which doctors the person has seen, when they saw them, who do they think did something wrong, and how they were injured as a result of what happened to them.
An attorney will also want to know who their health insurance carrier is and any medical bills that they might have.
Settling vs. Going to Trial
It is always the client’s decision, with input from the attorney, of whether or not they want to go to trial rather than accept a settlement in their West Palm Beach medical malpractice case.
An individual may choose to settle because certain money today can be more important than uncertain money in the future. Some people do not want the risk of going to trial. Some people need the money right away and cannot afford to wait until a trial is over and any possible appeals.
On the other hand, an individual may refuse to take a settlement offer in their West Palm Beach medical malpractice case and instead go to trial for a variety of reasons. The most prominent is because the amount of money that is being offered is not enough to make a significant difference in their life and is too little in comparison to the harm that was caused.
All medical malpractice cases go to mediation, again, where the parties have a chance to sit down in a formal setting to discuss settlement with a help of a mediator. Beyond that, the lawyers can talk amongst themselves about settlement.
Calculating the Settlement
The things that are looked at when trying to determine the appropriate amount to settle in a West Palm Beach medical malpractice case is initially based on the severity of the harm that was caused. The parties themselves make the determination as to an appropriate settlement amount.
Further, the settlement will depend on the amount of the medical bills in the past, what the medical bills could be in the future, any lost wages in the past, loss of ability to earn income in the future, and what kind of an impact the injury had on the person’s life, happiness, and ability to enjoy life.
A jury is not typically involved at all in a settlement other than the fact that a person can settle the case even after they have picked the jury and are in a middle of a trial.
Benefit of an Attorney
Medical malpractice cases are among the most difficult cases to pursue. They are complex and expensive, and if a person is not represented by a good medical malpractice attorney, the chances of them ever getting significant money on the case are very slim.