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Home > Blog > Medical Malpractice > Will My Medical Malpractice Claim Go to Trial?
by: NPHM | December 26, 2022

Will My Medical Malpractice Claim Go to Trial?

No matter how seriously they were injured and how much money they need for their medical bills and lost wages, many injured victims are hesitant to file claims because they’re worried about the stress, time, and hassle involved if their case ends up in court. This is true for victims of car accident victims, slips and falls, and even medical malpractice that we’ve represented in the past.

If you were recently harmed by a doctor, surgeon, or other healthcare provider, you may have that same worry—and we completely understand. The idea of spending days or weeks in a courtroom can make just about anyone want to forgo an injury claim and instead deal with the financial repercussions all on their own.

But before you decide to swear off of filing a lawsuit, there are a few important things to know about medical malpractice claims in Ohio that could influence your final decision.

Most Medical Malpractice Claims Don’t Go to Trial

Despite what you’ve seen in movies and television shows, medical malpractice claims and lawsuits don’t automatically result in long, drawn out, and dramatic courtroom trials. Instead, they typically result in a series of back-and-forth negotiations between victims, their lawyers, the at-fault parties, and their insurers that end in out-of-court settlements. When this happens, victims are issued checks and the legal matters of their malpractice claims are officially considered “closed” without victims ever needing to step foot in a courtroom.

Going to trial is reserved as a last resort option when agreements can’t be reached to pay victims the money they’re owed. In fact, in most cases, both sides want to avoid a trial. Going to court is time-consuming and expensive. Agreeing upon a settlement, even if it takes a lot of negotiation and hardball from both sides, is almost always preferred over a trial.

We Always Build Our Clients’ Claims As if They’re Going to Trial

At our firm, we have one goal in mind for our clients when we take on their claims: getting them maximum compensation for their medical bills, lost wages, and pain and suffering. We also want to make sure you don’t need to wait unnecessarily to get the compensation you deserve. Most of the time, we can accomplish that by collecting evidence, proving fault, and negotiating fair settlements out-of-court.

However, when at-fault parties and their insurers refuse to pay fair settlements, we don’t hesitate to take our clients’ claims to trial when necessary. As experienced trial lawyers, we build our clients’ claims with the possibility, no matter how remote, of going to trial at some point during the legal process. That means if we need to escalate a case to trial, we’re already prepared for everything that entails, including presenting evidence to a judge and jury.

What Does Going to Trial Mean for You?

On the off chance that your claim goes to trial, not much will change for you.

First, note that your claim won’t go to trial unless you agree to it. We’ll advise you on your options every step of the way, and that includes giving you the option of going to trial to get the money you’re owed if the settlement offers we’ve received on your behalf aren’t sufficient to cover your damages.

Second, we’ll guide you through every step of the process. Our attorneys and legal staff will do all of the heavy lifting before, during, and after the trial, and we will coach you through any participation required on your part. Just as we work hard to make you feel comfortable while we build your claim, we’ll also work hard to make you feel comfortable and supported during a potential trial.

When Will You Know if Your Claim Might Go to Trial?

Your lawyer will keep you up to date on what the at-fault healthcare provider and their malpractice insurer is doing throughout the settlement process. In some cases, “lowball” settlement offers arrive quickly. These are usually rejected, but they start the negotiation process of arriving at a figure that both sides find acceptable.

If the at-fault party and their insurer refuse to admit liability and refuse to offer any settlement at all, it may be a sign that going to court is a possibility. Your lawyer will let you know of the progress they’re making and any settlement offers they’ve received. If the other side continues playing hardball and our lawyers have a strong case against them, a trial may the best—and only—option for getting you maximum compensation.

Contact Us Right Away If You Suspect Medical Malpractice

If you suspect that you or a loved one were harmed by a medical professional or facility, there are two important things to keep in mind.

First, getting an experienced Ohio medical malpractice lawyer on your side can significantly increase your chances of getting compensation. And second, your claim is unlikely to result in a trial, and even if it does, your lawyer will work hard to prepare you for both the possibility and anything that’s required of you in the courtroom.

Contact Nurenberg, Paris, Heller & McCarthy today for a free consultation. We want to help you get the money you’re owed for your medical malpractice injury or illness.

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