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How Long Does A Medical Malpractice Claim Take To Settle?

On Behalf of | Nov 23, 2017 | FAQ

This is one of the most common questions attorneys get asked, and for good
reason. People want to know how long their lives will be interrupted and
when they can expect to collect their compensation and move on with their lives.

Although we understand you are looking for a clear-cut answer, the answer
to this question will vary from person to person depending on the specifics
of the case and if the other side wants to play hard ball. For some victims of
medical malpractice—when the evidence is very straightforward—the case can be
over in several months; however, the general timeframe may be closer to
several years for most people. According to a study published in the
New England Journal of Medicine, “the average length of time between the occurrence of the injury
and the closure of the claim is five years.”

The long time frame is often the result of several factors. First, cases
shouldn’t be settled until the extent of one’s injuries are
known. Sometimes just recovering from an incident of medical malpractice
can take over a year due to surgery, healing, physical therapy, and even
possible adverse outcomes. Second, the other side will rarely admit right
away to their wrongdoing, and they will either deny the claim or will
provide a low settlement offer. Negotiating to get you a fair settlement
can take some time. If a settlement cannot be agreed upon, the case will
take longer as it will go to trial. Just getting court dates and going
through the process will cause a case to drag on. Sometimes the court
will delay the case due to crowded court dockets. In addition, sometimes
doctors or medical experts may be busy, which can delay the case.

If you believe you were a victim of medical malpractice, you should contact
our office online or by phone and talk to us about the specifics of your
case. We may be able to give you more insight as to the timeframe of your
case and how we can help you resolve your medical malpractice case as
quickly and as thoroughly as possible.