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Is the Early Settlement of a Medical Malpractice Case Possible

When you have filed a medical malpractice case in New York, one of your main questions would be what the likelihood of settling the case early is, so that you do not have to deal with the entire litigation process. In New York, a medical malpractice case takes about two to three years from start to finish, and hence most people want to avoid this long litigation process and would like to find a solution for an earlier settlement.

Likelihood of an Early Settlement

However, it is highly unlikely for a medical malpractice case to settle early. The only time there is a sparkling possibility of the case settling early is when the liability and damages are clear-cut. It means the wrongdoing is obvious and nobody has any doubts about it. The plaintiff, will not only have to show that there was wrongdoing but also that it caused the injury, and the injury was significant or permanent. Even if a doctor or hospital is responsible for the wrongdoing, it must be shown, that wrongdoing, caused the injuries.

How is Damages Calculated

If the causal connection between the wrongdoing and injuries can be established, then the next question will be what is the true extent and value of the injuries. Is the victim going to need constant medical care in the future? Has the victim fully recovered and recuperated from the injuries? Is the victim disabled? If the victim is disabled or he has suffered permanent injuries, then what impact this has on his future income and quality of life? These vital points, and many other factors will be considered for putting a dollar amount on the injuries and damages the victim has suffered.

It is hard to believe but there is a dollar amount for not being able to kick a soccer ball or play some basketball with your son or daughter like you would have been able to before the accident occurred.

Disadvantages to Settling Early

At the very beginning of the case, it is difficult to determine the full extent of your injuries. This is the main reason why, you may not be able to settle your case early, even if you can easily prove that there is clear wrongdoing, and the wrongdoing caused the injuries. When you have suffered significant injuries, it takes time to figure out, how long your treatment will take, and whether it is possible to cure the problem completely in the future.

If the injuries require ongoing treatment, then such costs will have to be estimated. Secondly, the defense also needs the opportunity to conduct a full investigation in order to come to the same conclusions reached by your lawyer, about whether or not to settle the case.

Possibly Ruining an Opportunity

Even if the defense makes an offer in the beginning, it would not be wise to settle the case early, because you really do not know the full extent of your injuries. Since you do not know the extent of your injuries, you do not know how they will affect your life. Hence, even if you have a strong case, and you are able to prove the wrongdoing and the causal link to your injuries easily, it is difficult to estimate the damages. The whole purpose of the lawsuit is to receive adequate compensation, which may not be possible if you choose to settle early.

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