Is It Better To Settle A Medical Malpractice Claim Or Go To Trial?

When you are a victim of medical malpractice, it can be difficult to know whether you should accept an insurance settlement or bring your case to court. The truth is, in many cases, pursuing both options is going to be your greatest opportunity to recover maximum compensation for your damages.

However, your medical malpractice lawyer at Brown & Barron will be by your side to advise you based on the specific details of your case. Find out more about how medical malpractice insurance settlements work and why going to court is often necessary in medical malpractice cases below.

How Medical Malpractice Insurance Settlements Work

Insurance companies protect healthcare providers via malpractice insurance coverage. However, although malpractice insurance policies are designed to compensate injury victims when medical errors are made, that does not mean it’s easy to receive a fair settlement offer.

Making the decision of whether to settle your medical malpractice insurance claim or go to trial is never easy. However, once you have a better understanding of how medical malpractice insurance settlements work, you can feel more confident in determining the best path for your case. One important factor to consider is the amount and types of damages you suffered.

Potential Compensation in a Medical Malpractice Insurance Settlement

Although malpractice insurance can provide injury victims with some financial relief, they are not always enough to adequately cover all damages. This is, in part, because insurance companies are only required to cover certain types of damages.

In fact, the type of malpractice insurance coverage purchased can determine how much you can recover through the insurance company. For example, if your healthcare provider only purchased the minimum amount of coverage, but your damages are greater than this limit, your only option to recover fair compensation may be to file a lawsuit.

Moreover, these policies may not provide coverage at all for:

  • Pain and suffering
  • Emotional distress
  • Scarring and disfigurement
  • Diminished earning capacity

The insurance company will likely only be prepared to compensate you for your medical expenses, and in some cases, loss of income.

Bringing Your Medical Malpractice Lawsuit to Court

Bringing your case to court may be one of your best options if you hope to recover maximum compensation for your suffering. Fortunately, in filing a medical malpractice lawsuit, you can hold the liable party accountable to the fullest extent of the law.

Here’s more about what to expect if you move forward with a medical malpractice lawsuit in Maryland:

Proving Liability

In criminal court, when the defendant is facing charges, the prosecuting attorney must prove guilt beyond a reasonable adult to secure a conviction. Medical malpractice lawsuits are different. Here, your attorney must prove liability based on a proponent of the evidence.

This means the evidence presented in court must show that the defendant is more likely than not responsible for causing your injury or illness. Our lawyers’ in-depth investigation into the cause of your condition should reveal who is responsible and provide the evidence needed to support your case.

Recoverable Damages

Although going to court may be overwhelming, sometimes doing so is the only way to get the most out of your case. You have the right to be made whole when someone else is responsible for causing your injuries.

This means you should be repaid for the ways your healthcare provider’s medical negligence has affected your life. Some of the more common types of damages you could recover in a Maryland medical malpractice lawsuit include:

  • Physical pain and suffering
  • Disfigurement and skin scarring
  • Loss of companionship in love
  • Loss of society and support
  • Diminished earning capacity
  • Lost wages
  • Loss of household services
  • Inconvenience
  • Reputational damages
  • Emotional distress
  • Medical expenses and equipment fees

A Medical Malpractice Lawyer Can Identify the Best Path for Your Case

Making the decision to settle on your own can be overwhelming. You may worry that you will settle for less than you deserve or struggle to negotiate with the insurance adjuster. However, our medical malpractice attorneys are familiar with these cases and know how to value your damages. We can:

  • Carefully review your medical records
  • Identify all of your injury-related expenses and losses
  • Calculate the value for your case
  • Negotiate on your behalf for a fair settlement
  • Advise you on any settlement offers you receive
  • Advocate for your financial recovery in court if necessary

Whether you decide to settle or go to court, our lawyers will fight for the best possible outcome in your case.

Contact a Maryland Medical Malpractice Attorney Today

If your healthcare provider’s negligence caused you to suffer significant injury or illness, you have the right to pursue compensation through a medical malpractice case. We are here to help you determine whether a settlement or lawsuit is the best option for you.

You can explore your legal options further when you contact our team at Brown & Barron. Get started on your case as soon as today when you call our office for a free consultation.

Person on top of hospital bed
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