There are a couple of quick, easy and obvious answers to this question. First, you need to wait until a settlement is offered and second you need to consider the advice of your attorney, what your original reasons were behind the initiation of the malpractice lawsuit, and what your current circumstances are.
Assuming you’re not an attorney representing yourself in this medical malpractice lawsuit the most important thing you can do at this time is evaluate the professional advice you are receiving from your attorney regarding the offered settlement. Long before this time arrives, you have likely had conversations with the attorney representing you about possible outcomes based on their past experience with similar cases. You may be feeling overwhelmed by the entire process and not clearly remember all the conversations you’ve had with your attorney – so have them again. Write your questions down in advance, and bring pen and paper to the meeting so you can make notes.
All of the changes in your life since the incident(s) that led you to pursue a medical malpractice lawsuit have likely been devastating at worst, and stressful at best. This is not a time to feel pressured, or intimidated by anyone involved in this process. Only you are responsible for making sure you completely understand the terms of any offered settlement, and all of the ramifications if you decide not to accept the settlement. What are you risking? What is the potential upside, not only financially but emotionally? Ask your attorney why you should accept the settlement. Ask your attorney what happens next if you don't. Make sure every single one of your questions that is answerable is answered.
Think about what your goals were in initiating the malpractice lawsuit; you probably have financial needs that have arisen from the medical malpractice and also are hoping to prevent similar injuries from happening to other people. Evaluate the terms of the offered settlement against your goals; are you at least moderately satisfied? Do you prefer accepting a settlement and moving on or is it important to you to have your day in court?
So, when to accept a medical malpractice settlement? Quite simply, only if you want to and after you have completely evaluated the settlement offer against all possible alternatives and are satisfied that it meets your present and future needs and your original goals.
