When a medical care provider harms you, you have legal rights. You can pursue a malpractice claim to recover compensation for your loss. Typically, these claims are resolved in one of two ways: settlement or going to trial.
Settlement involves coming to an agreement out of court with the defendant (or, in most cases, the defendant’s malpractice insurer). You agree to give up further claims from the incident, and the defendant agrees to provide you with a set amount of compensation.
Going to trial means your case proceeds to court and is decided by a judge or jury. You present evidence, and the amount of compensation you collect is determined based on the judge or jury’s decision on your case.
Gill Ports Hoste LLC can help you either settle a case or resolve it at trial. Give us a call today to speak with a Chicago medical malpractice lawyer to learn about both options and get help deciding which is right for you. You can also reach out to learn the difference between settlements versus going to trial.
Medical malpractice settlements
The majority of medical malpractice claims settle, and there are multiple reasons for that.
Insurance companies often don’t want to pay defense costs and take the risk of a large verdict in court. There is considerably more uncertainty as to how a trial will be decided. If it’s fairly clear that an insured provider is responsible, or if the risk of a plaintiff’s verdict is too great, the insurer may want to settle.
For plaintiffs, settling can allow for faster compensation and can remove the stress and uncertainty of a court trial. You don’t have to line up witnesses, file court paperwork, or even potentially testify in court yourself. You can simply sign some papers and accept compensation – and often get paid much more quickly.
However, you should accept a settlement offer only if you are confident you know the extent of your losses and if you feel the provided amount of compensation is fair. Once you settle, you can’t change your mind, so you don’t want to rush into accepting an offer.
Insurance companies often try to pressure you into accepting a low settlement, so talk to a lawyer before you sign any documents.
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Going to trial for your malpractice claim
If your case goes to trial, you must prove the four elements of a malpractice claim, including that:
- The defendant owed you a duty of care
- The defendant was negligent
- You were harmed as a result of the negligence
- You suffered damages
You must show the elements of your case by a preponderance of the evidence, which means more likely than not your version of events is true. You will typically need to present expert witnesses and medical evidence.
Going to trial can sometimes allow you to recover more compensation if the defendant was unwilling to make a fair settlement offer. However, it can be complicated, and it could take months to years for your claim to be resolved through a court verdict.
Getting help from a Chicago medical malpractice lawyer
At Gill Ports Hoste LLC, our legal team has trial experience, and we are also skilled negotiators. We can put together a strong case to help you maximize the chances of a settlement, especially as insurers know we won’t back down since our team has over 100 years of collective experience representing clients.
We are also skilled litigators who are members of the American Board of Trial Advocates. We’re prepared and ready to present a compelling case at trial to get you the money you deserve.
To find out more about how we can help you, give us a call or contact us online today to schedule your free consultation.