Charles E. Boyk Law Offices, LLC
Toledo medical malpractice settlement negotiations can take a long time. The potential client has to be willing to work with the attorney as a team, be cooperative, and be prepared to handle the emotional ups and downs and length of time that is required in terms of mental toughness to deal with the strain of perhaps several years of uncertainty on their case. Speak with a distinguished medical malpractice attorney regarding whether settling or litigation is right for your case.
Typically, an individual has to file the lawsuit within one year from the date that person knew or should have known there was malpractice. After a person files a lawsuit in Ohio and in Northwestern Ohio in the Toledo area, a person is going to get a jury trial within two years. Within two years of the date to file the lawsuit, a person is either going to settle the case or go to trial.
The attorney’s job is to determine the value of a settlement, either pretrial or at the trial. They may likely prepare for litigation by obtaining strong witnesses and evidence that the medical provider was responsible for the injuries by departing from the standard of care and being negligent. In cases that do not lead to Toledo medical malpractice settlement negotiations, expert witnesses may need to prove lost wages, permanency of the injury, and substantial past and future pain, suffering, and inconvenience.
Some of the issues may be how much insurance coverage does the hospital or the medical provider has. If the value of the case exceeds the policy limits, another issue is the doctor or medical provider individually collectible, because potentially they could file bankruptcy or they may not have a large amount of assets.
Another issue would be the cost of pursuing the claim. Sometimes in medical malpractice cases, five or six expert witnesses are needed that are located across the United States, so one could spend $100,000 in expenses to prepare the personal injury case.
There are some jurisdictions where there may never have been a jury verdict for medical malpractice cases over $200,000, so the risk of trying a case is unfavorable in that area or county, which is something else that needs to be taken into consideration.
These issues may delay the individual by the amount of the insurance coverage, the risk of going to trial, and how fast the judges are at handling their docket. All of these issues can have an impact on how fast or slow the potential settlement is received.
The process can be expedited by having an early mediation. The attorney can try to push the depositions as soon as possible, have all the expert witnesses in a row, and try to force the discovery process, meaning to request production of documents, depositions, and motions in a faster time period. That has to be weighed against whether they have seen the individiaul’s self-interest. Sometimes it is and sometimes it is not; it is determined by the unique circumstances of the individual case.