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Settlements in Columbia Medical Malpractice Cases

In some medical malpractice cases, an injured party may decide to settle with the physician or treatment center they were suing, instead of bringing their claim to court. This decision can still give the injured party financial compensation for their suffering but allow them to avoid the stress of a formal trial.

If you have been harmed by medical malpractice and want to negotiate a settlement with the negligent party, contact a Columbia medical malpractice lawyer. Retaining the services of a skilled attorney is the best way to recovering a settlement in Columbia medical malpractice cases.  A qualified medical malpractice attorney could guide you through the settlement process and help you recover maximum compensation.

Choosing a Settlement Over a Trial

An individual can accept a settlement prior to filing their personal injury lawsuit in the applicable circuit court. They can accept a settlement at any point of the litigation following the filing of the lawsuit.

An injured party may choose to settle a case rather than go to trial for various reasons. One factor is the certainty that a settlement provides. The individual who takes a settlement offer knows they will receive a certain amount of money, instead of leaving it into the hands of a judge or jury to decide the amount of compensation. Another reason why someone might choose to settle their case is to resolve the matter in a more expedient fashion than waiting for a trial, or to avoid the emotional strain of appearing in court.

Whether an injured party wishes to negotiate a settlement or go to trial, they should enlist legal representation right away. They should also immediately start compiling all medical records from the alleged negligent physician and/or hospital from the date of the alleged negligence going forward. This could help their attorney determine what settlement amount would be appropriate. Additionally, they should bring the medical records from any other physicians and/or hospitals that provided services and treatment of their injuries.

The injured party should also include all photographs that were taken of the incident, and a diary or journal or log of how their injuries affect their everyday living activities. All of this information will be pertinent in calculating a settlement claim.

Understanding the Settlement Process

The settlement process begins when the plaintiff’s attorney sends out a demand letter that notifies the alleged responsible physician and/or hospital that their client was injured and is seeking a specific amount of money. Through discussions, the attorneys who represent the alleged negligent party will talk with the plaintiff’s attorney to determine whether or not a particular amount can be reached. If not, the matter can be filed, and negotiations can continue throughout the litigation. The process might also include alternative dispute resolution professionals such as engaging a mediator to help make a settlement. If all of those attempts fail, the matter proceeds to a trial.

What Is Considered When Calculating Damages?

A settlement is calculated by each side privately and confidentially to identify a specific amount that they are willing to accept to resolve the matter.

The factors that go into this decision include:

  • The severity and extent of the injuries
  • Whether there is any comparative fault
  • The certainty of liability against the physician and/or hospital
  • The pain and suffering endured by the plaintiff
  • Past and future medical expenses
  • Economic costs the plaintiff suffered and/or will suffer in the future.

Once the numbers are identified, each side enters into negotiations to determine whether an amount can be settled upon. An experienced nearby lawyer could ensure that these calculations are made accurately and fairly to create an amount that satisfies the plaintiff.

A Columbia Medical Malpractice Attorney Could Help You Reach a Settlement

Taking a settlement offer is often the best choice for an individual who has been harmed by medical malpractice. A legal advocate could provide valuable insight while you undergo this process, as they could apply their education, experience, and training to properly identify and evaluate all the relevant factors when determining the value of the case. Discuss settlements in Columbia medical malpractice cases with a dedicated attorney as soon as possible. Call a Columbia medical malpractice attorney today and set up a consultation.

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