How long does it take to pursue a claim for medical negligence?

time it takes to settle a med mal claimAfter suffering an injury at the hands of a medical professional, it is important to start working on your potential medical malpractice claim right away. This is because there may be evidence to secure, medical records to obtain, and witnesses to talk to (e.g., nurses and colleagues who are willing to testify). Although you can most definitely request your medical records and start negotiating with the hospital or doctor’s office on your own, medical malpractice cases are complex and generally require an attorney’s involvement in order to get the best financial recovery.

If you are planning on settling this medical malpractice claim on your own, the case can be resolved fairly quickly—that is, if the liable party makes you an offer and you accept it. However, large hospitals and insurance companies are known for making offers that are a mere fraction of what you deserve. So we urge you to at least discuss your case with a medical malpractice attorney. Most lawyers give free consultations, so you have nothing to lose and everything to gain.

If you plan on working with an attorney to file a claim, the time frame to resolve a medical malpractice case can be a few months or a few years. Every case is different, and it really depends on the extent of the injuries and the complexity of the case. In straightforward cases, both parties may reach a reasonable agreement fairly quickly, and the case may be over in a matter of months. However, when parties cannot agree on a settlement offer, the case may go to trial.

When cases go to court, the process is much longer as it includes trial preparation, the process of discovery, finding the right expert medical witness, selecting a jury, presenting a case, and cross-examining the other side’s witnesses. Even at the end of a court case, one side might request an appeal.

The truth is that most cases settle outside of court; however, we are not afraid of taking your case to court if necessary. Although no one wants a case to drag out, it is also important to get the most compensation possible.

To find out what we think about the time frame surrounding your case, please start an online chat with us.