Calculating an Atlanta Medical Malpractice Settlement

A settlement is calculated by the parties involved. They mutually determine the amount of the settlement and how it should be apportioned.  Sometimes the settlement will have to be approved by the Court. Juries are not involved in a settlement. For help with calculating an Atlanta medical malpractice settlement, get in touch with a seasoned attorney.

What Should a Person Take into Account when Considering a Settlement

When an injured person is contemplating a settlement, they should take into consideration closure. For many injured victims, settling the case provides them with some certainty of not taking the risk of a trial and not recovering anything. It also provides them with a measure of closure to a tragic event, whether it is the loss of a loved one or the loss of something that is important to them. That might be their ability to walk or their pain level because a surgery resulted in more pain than when they went in for surgery.

Having closure sometimes helps someone move forward in their lives and removes the burden of a lawsuit hanging over their head. They should also consider the time and effort to pursue a lawsuit including depositions, court appearances, and answering discovery. These things take up the plaintiff’s time and may open wounds they do not want to re-open.

Who Determines the Amount of a Medical Malpractice Settlement?

The parties determine the amount of settlement jointly. A plaintiff does not have to accept an amount of money they do not want to accept for settlement. The settlement occurs when all parties agree on the amount offered and the plaintiff accepts that amount. For more information on who is involved in calculating an Atlanta medical malpractice settlement, contact with

Victim’s Negligence Affecting a Medical Malpractice Settlement

If the plaintiff was somewhat negligent or has a portion of negligence, that could factor into the settlement amount. It might lead to a lesser amount of a settlement because if the case goes to trial, the defense could make the argument and ask the jury to reduce the amount of any verdict by the amount of a plaintiff’s negligence. That argument will be made by the defense in settlement discussions. The patient’s lawyer tries to minimize the patient’s negligence and any impact on the value of the settlement because of the patient’s negligence.

Importance of Retaining an Atlanta Medical Malpractice Attorney

An experienced medical malpractice attorney could help someone by calculating an Atlanta medical malpractice settlement. After handling these cases, the attorney knows the types of verdicts and settlements certain cases get. An experienced malpractice attorney knows which venues, which counties, and which areas of Georgia and Atlanta give bigger verdicts.

A case in Clayton County, for example, has a higher likelihood of a bigger recovery than a case in Cobb County. A seasoned medical malpractice attorney knows those things and may also do verdict and settlement research to identify a good value for settlement in the case.

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