Settling an Atlanta Medication Error Claim
Settling a malpractice case in Atlanta involves negotiating monetary damages with the at-fault party outside of court. This is not a criminal process, and the negligent medical provider will not have his or her license to practice revoked.
Negotiations with the at-fault party’s insurance company can happen concurrently with a lawsuit and may continue until the jury reaches a verdict. If you need assistance settling an Atlanta medication error claim, reach out to Warshauer Woodward Atkins today. An experienced medication error attorney could help you handle your case outside of court.
Process of Settling a Case
If both parties in a medication error case are willing to negotiate, they may pursue a settlement outside of court. However, no one is obligated to participate in this process.
The settlement process may involve discussions between the parties and the defendant’s insurance company, through their attorneys. In other situations, the parties may choose to work with a neutral third-party with no ties to the case. Regardless of who is present in these meetings, negotiations typically begin when the injured patient collects evidence and presents a settlement demand.
Gathering Evidence
To begin pursuing a settlement, an injured patient must first collect all relevant evidence about the case. The goal is to gather any documents that can help the insurance company understand the nature of the medical error and resulting damages. This may include a copy of the prescription, past pay stubs, and hospital bills.
Presenting a Settlement Demand
In addition to presenting the opposing party with evidence, a patient might also state the dollar amount he or she would be willing to settle the case for. This settlement demand should take into account all financial and emotional losses, including medical expenses, lost wages, pain, and suffering. Lawyers who regularly deal with these types of claims could assess the strengths and weaknesses of a case and determine a reasonable amount of money to request.
Initial Settlement Offer
After reviewing this evidence, the opposing party can respond with an initial settlement offer. If the first offer is too low, the patient may refuse it.
From there the two parties may propose counter-offers until they reach an agreement. Local attorneys familiar with settlement negotiations could prevent a patient from being taken advantage of in a medication error claim.
Length of a Settlement in Atlanta
There is no set length for the settlement process, but a dedicated lawyer could work to settle a case as quickly as possible. Often, two parties finalize an agreement to settle within 30 days, though this may vary depending on the amount of time it takes to draft settlement documents.
For example, if the patient’s insurance covered the cost of prescription drugs, it may take longer to request reimbursement. Additionally, an attorney may be able to expedite the process in certain circumstances. A legal professional working with a patient with immediate medical needs could hold back a certain amount of money for liens and disburse money to the client more quickly.
Working with an Attorney is Helpful when Settling an Atlanta Medication Error Claim
If you have been subjected to a medication error, the physical and emotional pain you are going through may hinder your ability to negotiate a fair settlement. Insurance companies may urge you to accept a low offer that may not address all your needs.
A seasoned attorney with experience settling Atlanta medication error claims could present your case in the best light, and help you obtain compensation. Reach out to our firm today to get started with a free case review.
