Charles E. Boyk Law Offices, LLC
The ultimate decision to proceed with Toledo medical malpractice settlements is ultimately that of the individual filing the claim for damages. Typically, the job of the attorney is to give their honest opinion of the benefits and the risks in the full evaluation of the case. They give an analysis of what the potential cost would be proceeding on to trial and what the risks, costs, and probable outcomes would be, but the injured party has the ultimate decision.
There would be a substantial risk of a defense verdict where the injured party could receive nothing. Another reason people chose to settle would be that the case is going on for years and the individual prefers a sense of finality rather than a continuance. If you find yourself weighing the option to settle or litigate your case, speak with a distinguished medical malpractice lawyer who can help you review both options.
It is possible to settle a medical malpractice case before a lawsuit if filed, but that is very rare. The risk management of the insurance company will rarely get involved and try to negotiate. Typical options for Toledo medical malpractice settlements would be available after the lawsuit is filed. After the depositions of the various expert witnesses and other witnesses are made, there is a mediation where a professional mediator, who is an attorney specializes in mediating medical malpractice lawsuits, will work with the parties to try to settle the case. Those are the most typical ways that there is a potential for a medical malpractice settlement.
Sometimes when one goes to trial and gets an excellent verdict or a bad verdict, the case could be appealed. Oftentimes, there could be an appeal that drags the case on for another couple of years. A third reason would be if the settlement offer is asked and it is going to cost the person another $50,000 to try the case and their upside is another $150,000, then it may not be financially lucrative or make any financial sense to go to trial because their upside and the risk outweigh any benefits.
Typically, lawyers would want a complete history of the past medical treatment of the individual and the medical treatment since the medical malpractice happened. They would want names and addresses of doctors and copies of medical bills. They are typically going to want to order certified medical records of the prior medical treatment and the medical treatment from the time of the alleged medical malpractice to the current time.
If somebody had those records with them, it would be nice but it is not essential. Lawyers need someone to give them all of the information available. They would also need a copy of the person’s driver’s license, health insurance card, any photos, and witnesses’ names, addresses, and phone numbers.
Reasoning to refuse Toledo medical malpractice settlements include the idea that some people want their day in court. That is overrated because the injured party is emotionally involved with the case. They feel that they were outrageously wronged by the physician, by the hospital, or by the entire healthcare process. When filing a lawsuit and the money is important to the future of the individual and their family, it is the attorney’s job to let them know that this needs to be an informed business decision.
Realistically, the individual is emotionally involved in the case, so it is the attorney’s job to try to force them to make an objective decision that is in the best interest of themselves and their family and to try to take the emotion out of the decision-making process.