With medical expenses stacking up and missed paychecks while you are recovering from an injury, you may be hoping that reaching a settlement quickly might solve your problems. Unfortunately, there is no concrete period of time that a case can take to reach a settlement. In Florida, there is a 90-day premedical malpractice lawsuit period where the victim and medical provider or facility are required to engage in an exchange of information in order to evaluate the case before a lawsuit is filed in the hopes that a settlement might be reached.
It is unusual for a case to garner a fair and reasonable settlement during this 90-day pre-suit process. If a settlement is not reached during a pre-lawsuit phase, a lawsuit is filed and the next opportunity to discuss settlement will typically be around four months after the lawsuit is filed. If the case is not settled within those first four months, litigation will likely commence over the next one to three years before a case goes to trial.
It is not uncommon for settlement discussions as well as settlements to materialize once the trial approaches but that is often an extended length of time. Cases could settle anywhere from within the first 30 to 60 days after the attorney was hired but perhaps as distant as several years later. You may be worried about the timeline for your St. Petersburg medical malpractice settlement, but with an attorney at your side, you may be able to reach a fair resolution as soon as possible.
Expediting the Settlement Process in St. Petersburg
One way to expedite the resolution of a medical malpractice case is to request an expedited or speedy trial resolution. This applies if certain factors are present such as an elderly, sick, or generally unwell plaintiff. As the trial is moved up, the timeline for settling corresponds as the settlement will likely be offered in an attempt to avoid going to trial.
When a client finally accepts a settlement offer from the opposing party or insurance carrier, it is always a good idea to ask that one term of the settlement agreement be that payment is due on a certain date. When there is a set payment date, it could eliminate any delays in preparing, reviewing, and completing all the necessary settlement paperwork before payment is received.
Expense Reductions from Medical Injury Case Settlements
One of the issues that commonly come up when a medical malpractice victim is negotiating a settlement is how the incident-related medical bills and expenses are handled. Many plaintiffs do not realize that any incident-related medical expenses that are either outstanding from the providers or that have been paid by private or governmental health insurance must be paid back out of the settlement. This could reduce the final amount of compensation that the victim might receive after the settlement.
Plaintiffs need accurate information regarding any obligations that they must pay out of their gross settlement sum. These obligations could include attorney’s fees as well as investigation, litigation, and medical expenses. By knowing what deductions to prepare for, delays in accepting a settlement or paying such bills might be prevented.
An Attorney Could Help Victims Understand the Timeline for Injury Settlements
St. Petersburg medical malpractice attorneys often provide assistance to victims of medical malpractice in a variety of ways. At the early stages, it is important for a skilled medical malpractice attorney to thoroughly investigate and document all the evidence that is necessary to support the filing of a medical malpractice lawsuit.
Once the necessary materials are gathered, an attorney could estimate what the case might be worth based on their experience handling medical malpractice lawsuits in St. Petersburg. After determining what the case might be worth, they could help you start the process of filing a lawsuit or seeking a settlement. After the case has been prepared and a claim filed, the lawyer may have a more accurate timeline for your St. Petersburg medical malpractice settlement. To get started, call today and schedule a consultation.