Entering a legal battle may be emotionally and financially draining. Understandably, you may want to get this over with as soon as possible, especially if you are already struggling with pain and suffering from your medical malpractice incident. For this reason, you may be tempted to accept the first settlement offer the defense team proposes. However, you should not jump to accept it before carefully considering its implications. With that being said, please follow along to find out whether you should enter a settlement agreement for your lawsuit and how a proficient New York City medical malpractice attorney at Mark L. Bodner, P.C. can help you make the right moves.
Should I accept a settlement offer for my medical malpractice lawsuit?
There is no right answer when it comes to settling or litigating a medical malpractice claim. That is, it all depends on the unique circumstances that a plaintiff is under. Rest assured, consultation with your legal representative will clear up how to proceed. First, you and your lawyer should analyze the evidence you have and will be able to collect to prove the defending party’s negligent actions in your accident. If you have convincing proof likely to hold up in court, your lawyer may encourage you to take the risk of litigation.
Secondly, you and your lawyer should tally up the economic and non-economic damages you have incurred as a result of your accident. Then, depending on the nature and severity of your injury or illness, your lawyer may encourage you to consider the cost of your future medical care, lost earning capacity, pain and suffering, and more. This total value is worth significantly more than the defendant’s settlement offer. If so, your lawyer may negotiate a higher number on your behalf or outright reject it and take the matter to court.
Thirdly, your lawyer may assess the severity of your current financial situation. That is, your medical bills and other expenses may be piling up to the point that it is threatening your declaring bankruptcy or making another drastic financial decision. If this is your reality, your lawyer may inform you that you can not risk waiting any longer for relief, let alone risk receiving a final judgment lower than the settlement offer, and urge you to just accept it.
What implications should I understand before entering an agreement?
Especially if you are suing a hospital and its insurance company, you must be made well aware that entering a settlement agreement is not without any strings attached, so to speak. That is, it is rather common for such defendants to include classes within this agreement that prohibit plaintiffs from ever publicly speaking on the medical malpractice incident ever again. Also, upon signing this agreement, plaintiffs may waive their rights to pursue future legal actions, despite requiring additional compensation for their ongoing damages.
In the end, if you are ready to fight for the financial compensation to which you are entitled, please retain the services of a talented New York City medical malpractice attorney. Our team at Mark L. Bodner, P.C. awaits your phone call.