If we file a medical malpractice lawsuit, how long will it take before we receive compensation? My husband has been suffering severely due to a mistake in treatment that started over a year ago. His condition is worsening, he hasn't been able to work and the bills are stacking up.
How long will it take for us to get compensated for all our expenses and suffering?




Answer:
Depending on the complexity of the case, the strength of the evidence and the reluctance of the defense to offer up a reasonable settlement, it may take anywhere from a couple of months to a year. Obviously, it is in the best interest of both parties to settle the case as quickly as possible, but sometimes the defending medical malpractice insurance company is reluctant to offer a fair dollar amount to settle the case.
Your attorney will build up as much evidence as possible to present your case in as strong a position as possible to chow the defending attorneys that a trial would end up in your favor. If they are still unwilling to settle for a reasonable amount of money, then your medical malpractice lawyer will take the case to court.
In some cases, just the act of filing the court paperwork and starting the process is enough to get a settlement amount finalized. In other cases, a large settlement may not be offered until the last minute, in the actual court room.
It all really depends on the legal merits of your claim, and the strength of the evidence. Talk to a medical malpractice lawyer to find out how good your medical malpractice case is, and how likely you will be to get compensation quickly.
Good Luck.
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Posted by Staff Writer on 18 Feb 2010