Settling an Atlanta Cancer Medical Malpractice Case

When electing to go to trial, victims like yourself lose the opportunity to control the outcome of a case. However, there are other options available to you. Choosing to settle an Atlanta cancer medical malpractice case could yield results that are not left to chance or the feelings of a jury. Despite this, it may be a good idea to consult your specific case with an attorney who could rely upon his or her experience in the matter. An attorney could work to gather and present the unique facts of your case while holding your needs at the forefront of all issues.

The Settlement Process for Atlanta Cancer Malpractice Cases

Anytime that both sides are willing, they may attempt to negotiate a settlement of the case. Sometimes that is done between the attorneys that represent each side and sometimes the parties reach out to a neutral third party, such as a mediator or arbitrator, to help the parties negotiate a settlement.

The parties work with each other to see if they are able to reach a value that everyone agrees with and to settle the case. In a civil lawsuit, that value is used to compensate the victims involved and drop the case.

Factors that Could Alter How Cases Are Settled

There are many factors that could alter how a case is settled and they are almost exclusively case-specific. Every case is different, so every case has different factors. How disputed the facts are is one of the factors. If everyone agrees to what the facts are, then maybe a case is more likely to settle whereas, if the facts are greatly in dispute, it may be harder to settle.

The degree of damages, such as how hurt or injured the victim is, is another factor. Even the time that the settlement discussions take place could be a factor. Depending on whether the settlement discussion is taking place eayl on or later, this could influence the outcome of a settlement. While the majority of cases are settled, many still do go to trial. It is in these moments that attorneys, specifically with cancer malpractice cases, incorporate the use of an in-house doctor who could give testimony to the value of the injuries a victim has sustained.

Benefits to Settlements

A benefit of settling a case is that it is the only time that the parties have the power or the control to conclude the case. If the case goes on and there are motions filed in court, sometimes the judge might throw the case out. Certainly, if the case goes to trial, then a jury gets to make the decision and the jury could decide that a patient should not recover anything. Another person makes that decision. During a settlement process, the parties are able to take control and determine what amount the case should settle at and do that themselves.

Settling a case does not always result in less money being awarded. The victims and his or her team of compassionate, client-centered attorneys could go to trial and not recover any money. They could win at trial but the jury may not be convinced that a victim’s damages were not as significant as he or she believes they were, and the victim could receive a verdict and award that is less than what he or she could have recovered in a settlement.

Problems Victims Face When Settling

The biggest problem people face when settling is that emotions are high, and for a lot of folks, no amount of money could ever bring them back to the way they were before. Because of that, victims sometimes have unrealistic expectations of what the value of their case is.

The reality is that while these are emotional and difficult situations for people, there is only a certain amount of money that could be paid and at some point, there is not enough money. The biggest problem people have is putting a price on their damages and trying to quantify that value.

Considerations to Decide Upon Prior to a Settlement

The factors that should be considered before deciding whether or not to settle a cancer medical malpractice case are the time and expense involved in going to trial and the emotional cost of continuing with the lawsuit versus having closure and having the bad issue dealt with. Certainly, whether any amount that is being offered is sufficient or the injuries that were involved, the likelihood of success at trial based on how the evidence and how the case is done are all factors that should be considered. To better a victim’s odds, he or she should consider working with a team of attorneys that use cutting-edge technology to present facts in a clear manner in either court or settlement talks.

Let an Attorney Help

When people consider settling an Atlanta medical malpractice case, there are a number of factors they should pay careful attention to. When to settle, how they view their case, and how an attorney could help are all important for people looking to hold negligent medical professionals accountable in civil court. If you are looking to do this, you should consider retaining the services of an attorney. Call today to speak directly to an attorney who takes calls at all hours and who could start your free case review.

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