Most personal injury cases do not actually make it to litigation in court. Rather, the defendants often attempt to settle the case by making what they believe to be a fair reasonable estimation for compensation to end the lawsuit. In Florida, most cases have a variety of recoverable damages categories which include past medical bills and future medical expenses, wages lost during recovery, diminished future earning capacity, and non-economic damages for more intangible losses such as pain and suffering.
Settling a medical malpractice case in St. Augustine might be your best option as it could save significant time and money by avoiding court. By working with an attorney who is experienced in medical malpractice cases, you may have a better idea of what is a reasonable settlement amount, negotiate with the relevant insurance company for a better offer, or know when to deny a settlement and pursue the case in court.
The Jury’s Role in Settlements
Fair and reasonable settlement valuations come from a variety of different sources. One source is historical jury data, looking at what previous juries have awarded plaintiffs with similar cases and injuries. Another way that juries are involved in settlement valuation is when a settlement takes place after the trial. It is not uncommon for a case that goes to a jury and the plaintiff or client succeeds in getting a jury verdict that the medical malpractice defendant will appeal and during the appellate period. During this appeal stage in St. Augustine, the two sides might start to plan on settling the medical malpractice case and the amount of the settlement would also be based upon what the juries’ verdict was.
Comparative Negligence in St. Augustine Medical Malpractice Cases
In Florida, there is a law called comparative negligence which is factored in a comprehensive assessment of what a client’s damages would be. The comparative negligence law provides that any way the plaintiff’s negligence contributed to their injuries would proportionally reduce the amount of compensation they may receive. Because many settlement offers are based on what the expected amount of money to be awarded in court is, a plaintiff who shares fault in the accident might see their settlement offer reduced proportionally to their degree of blame, just like an award from a jury.
Weighing the Benefits and Issues with Settling a Medical Injury Lawsuit
One of the primary factors that should be accounted for when determining whether to accept the settlement is the amount of the settlement in relation to the client’s losses, injuries, and damages. When clients are presented with settlement offers in addition to the amount of the loss, injury, or damages they have sustained and an estimate of what compensation would be needed to make that person whole, there is also an analysis of the client’s probability of winning or losing with the jury at trial.
Typically, experienced medical malpractice attorneys conduct a full evaluation of the victim’s damages to accurately estimate the odds of winning at trial and how much the case might be worth. Additionally, litigation costs and expenses should be factored into the equation to determine whether a pretrial settlement offer is fair and reasonable when compared against the client’s expected outcome after trial. With careful consideration, settling a St. Augustine medical malpractice case could be the best option for receiving fair compensation.
How Could an Attorney Help Settle a Medical Injury Case?
In order to determine the fair and reasonable settlement amount of a particular case, it is likely that a medical malpractice victim/client would need to engage a confident and experienced legal counsel in order to do so.
In order to obtain a proper settlement valuation, an attorney who practices in the medical malpractice area usually must account for the losses you might suffer from this negligent act for the rest of your life. Whether the case was a surgical error or a bad pharmaceutical reaction, an attorney could help you build your case and truly know what you are facing. When settling a medical malpractice case in St. Augustine, some people might take the first offer, but unless you fully understand what your case might be worth, you may be leaving money you need for bills on the table. Call an attorney today to learn more about your rights and potential settlement options.