Whether it’s better to settle or litigate your medical malpractice claim in Philadelphia depends on the strength of your evidence, the extent of your damages, and your personal goals for your case. Most medical malpractice cases settle without going to trial.
Settlements offer several advantages that make them appealing to injured patients and their families, including faster resolutions and greater control over the outcome of the case. However, in some cases, an injured patient may need to go to trial to recover full compensation for their losses, including if the insurance company denies or fails to offer a fair value for your claim.
Why Many Medical Malpractice Cases Settle
Most medical malpractice claims in Pennsylvania settle before trial. Here are the reasons why:
1. Faster Resolution
Trials can take years to complete, especially in complex medical malpractice cases where extensive investigation and discovery is needed. Settling your claim can provide compensation within a much shorter time frame, allowing you to cover medical expenses, lost income, and ongoing care without long delays.
2. Greater Predictability
Trials carry uncertainty. Even strong cases are not guaranteed victories. Judges and juries can render surprising outcomes for injured patients and healthcare providers alike. A settlement eliminates that risk by giving you guaranteed compensation.
3. Reduced Stress
A trial involves depositions, testimony, cross-examinations, and other court proceedings. Many victims prefer to avoid the emotional difficulty of reliving traumatic experiences in court. Settlement allows you to resolve your claim privately.
4. Lower Legal Costs
Although most malpractice attorneys work on a contingency basis, trials require high costs, including, but not limited to, expert testimony, investigation, and more. Settling often reduces overall costs and can increase your net recovery.
For these reasons, settlement is often the more efficient and predictable path.
When Going to Trial May Be the Better Option
While settlement is common, there are situations where going to trial makes strategic sense.
1. The Insurance Company Won’t Offer a Fair Amount
Insurers frequently undervalue claims, particularly when damages are serious or require compensation for future losses. If the provider or hospital refuses to negotiate reasonably, a trial may be necessary to obtain full compensation.
2. You Suffered Severe or Catastrophic Injuries
Cases involving severe brain injuries, birth injuries, wrongful death, etc. often warrant compensation beyond what insurers are willing to offer. Juries may award substantial damages in such cases.
3. Liability Is Strong, and Expert Analysis Is Clear
If you have obtained expert testimony that strongly supports your claim and the standard of care was clearly violated, going to trial may increase the likelihood of a significant verdict.
Contact an Experienced Medical Malpractice Lawyer for Help Determining the Right Option
There is no default “better” option when it comes to settling or litigating a medical malpractice claim. Settlements offer promptness, certainty, and privacy, while trials provide the chance for greater compensation and accountability. The right choice will depend on your individual circumstances and goals.
An experienced Philadelphia brain injury lawyer can help you determine the right option for your situation. Call Morris Wilson Knepp Jacquette, P.C. to schedule a free consultation to learn more.