Settling a Bariatric Surgery Malpractice Case in Atlanta
Going to court is not always the best option in a malpractice case. While attorneys at the Warshauer Woodward Atkins prepare every case as if it were going to trial, there are times when it may be more beneficial to settle. A settlement is when two parties agree to resolve a civil claim outside of court.
This process involves negotiating with the other party to determine the value of the case. Reach out to a seasoned attorney to discuss the advantages of settling a bariatric surgery malpractice case in Atlanta.
Common Reasons to Settle a Bariatric Malpractice Case
Most people choose to settle rather than go to court because a jury trial puts the decision into the hands of 12 strangers. The jury will assess the facts of the case and determine which party wins. It is possible that the injured patient will walk away with no compensation. Instead of risking that outcome, many injured parties choose to settle to ensure they receive some compensation.
Trials can also be emotionally exhausting. In court, the injured party will have to relive the trauma he or she went through as a result of the surgical error. Settling the case allows the patient to avoid that.
There are also several fees associated with filing a civil lawsuit and trying a case. Additionally, the trial could last several weeks and a later appeal could drag out the case for another year or two. If the patient needs financial relief soon, going to trial may not be the best decision. After a surgical error in a bariatric procedure, it is best to speak with an experienced lawyer about the potential benefits of settling.
Understanding the Settlement Process in Atlanta
The settlement process can only begin if both parties want to settle the case. This process can be informal, with two attorneys representing either side. More often, settlement discussions take place with a neutral mediator helping the two parties negotiate a settlement.
The first step in the settlement process is typically sending the opposing party a demand letter. In this document, the injured party would state how much he or she believes the case is worth.
The opposing party typically does not agree to the first request. The negligent medical provider will likely respond with a lower settlement amount. Both parties will negotiate back and forth until they reach a value that everyone agrees with.
It is important to note it is rare for either side to get everything they want. Injured parties typically receive less than they believe the case is worth, while the negligent parties pay more than they believe they should have. A determined attorney could help injured bariatric patients stand up for their rights during settlement negotiations.
Our Lawyers Have Experience Settling Bariatric Surgery Malpractice Cases in Atlanta
After experiencing a surgical error during a bariatric procedure, you may be feeling frustrated and overwhelmed with additional surgeries and medical bills. If this is the case, you might not have the bandwidth to pursue a civil lawsuit. However, you still have legal options for obtaining compensation.
If you or a loved one were harmed during a weight-loss procedure, talk to a lawyer about the process of settling a bariatric surgery malpractice case in Atlanta. Our attorneys at Warshauer Woodward Atkins could take the lead in negotiations while you focus on your recovery.
