5 Benefits of Settling Your Medical Malpractice Claim Out of Court

By Dona April 6, 2018

Enough research should reveal to you that most of the personal injury claims are usually settled outside of court. This is usually seen as a strategic move to benefit both of the parties involved. It also offers both parties involved more advantages as opposed to litigating an injury claim in court and is recommended by most medical malpractice lawyers.

You will need guidance from a medical malpractice lawyer who should guide you on the appropriate steps to take based on the situation of your case. So, here are a few advantages that come with settling your injury claim out of court.

Five advantages of settling your injury claim out of court

Sometimes your attorney may advise you to settle your injury claim out of court. They do this after weighing the merits and demerits that come with settling the case in and out of court and make a decision after doing this.

  1. Trials are expensive; settling out of court isn’t

The cost of filing an injury claim is quite expensive. Even the fees of your attorney is set at the pretrial and the trial date. This means that if the case heads to trial, then the contingency percentage is bound to increase to cover the additional costs that will come with the trial. These additional costs may include; investigator fees, administrative fees, filing fees, and witness fee costs.

  1. Trials are stressful

You need to know that this is a medical malpractice case so, you are probably dealing with an injury. There are chances that you may have a permanent disability, recovered a bit, or even entirely. Regardless, you will have to attend the court sessions whether you’re fit or not if you wish to win your injury claim, that’s if you file it in court. You will have to deal with the stress of driving to the court and spending hours preparing for these sessions which can be very stressful. You may even be required to go to the witness stand to face the court.

  1. Damages are very unpredictable during the trials

Filing your injury claim in court means that you are putting your case at the mercy of the court. Meaning that it is the jury who will determine all of the adequate damages that you are to be compensated for. The problem with this is that there are times when these damages may be much less than the actual injury that you suffered. A jury is an unpredictable move to take, and even with the best instructions from the court judges, juries can sometimes make very unwarranted decisions that are not in your favor as the plaintiff. Your attorney may, thus, look at your case and if he/she finds that it may look unpredictable in front of the jury, he/she will advise that you try and settle it out of court to avoid any inconveniences.

  1. Settlements remain private

Settling your injury claim out of court means that all of the information will remain private. Any judgments that are made in court regarding your case are, however, made public records if you manage to win your injury claim damages.

  1. The defendant doesn’t have to admit any liability

In most of the injury cases, you will notice that most of the defendants prefer to settle these cases out of court. The main reason for this is that they do not have to admit to any wrongdoing. If the case goes to trial and they lose, then it would make them liable to the wrongdoing and it will also become a court record.


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