I am involved in a medical malpractice dispute as a result of a botched surgery. Is it better to settle a medical malpractice claim or go to court? The doctor’s malpractice insurance company is offering me a settlement and I’m thinking about taking it?
Is it better to settle a medical malpractice claim or go to court?
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Answer:
The answer to whether it is better to settle or go to court depends in large part on your situation and your level of comfort as far as risk is concerned. If you settle your medical malpractice claim, you will receive a guaranteed payout. You’ll know how much you are going to get in the settlement before you sign any agreements. This means there is no risk.
If you go to court, however, you could potentially end up with a larger verdict than you would if you settled. However, you could also potentially end up with nothing. So, if you need the money and the settlement is fair, you might want to settle.
If you are less risk averse, you may want to go to court. Your attorney should be able to give you more details about your changes of prevailing in a court case and can help you determine whether settling or pursuing litigation is best in your situation.
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Posted by Christy Rakoczy on 24 Mar 2010