Atlanta Medical Malpractice Settlement Process
The settlement process in Atlanta can sometimes be handled between the attorneys representing the parties, negotiating back and forth to get to an amount that is acceptable to everyone. More likely, when the parties believe that all sides are interested in pursuing a settlement, they engage in mediation, which is a process that involves a third-party neutral who helps the parties reach a settlement. Consult with a dedicated medical malpractice attorney about preparing for the Atlanta medical malpractice settlement process.
Length of Time it Takes to Receive a Settlement
Once a settlement is agreed on, the money could be received within two weeks or so. Usually, it takes 30 to 45 days. There are some circumstances when dealing with government entities or where the Court has to approve the settlement, where the Atlanta medical malpractice settlement process can take longer.
Expediting a Settlement Process
In cases where the attorney knows no court approval is required to approve the settlement, the attorney might ask that a deadline be included in the settlement agreement to fund the settlement and provide the release documents.
Common Issues Encountered During a Medical Malpractice Settlement
There are several issues a person might encounter when negotiating a settlement. One is the amount of money owed to a health insurance company, physicians, providers, or medical services. As part of the settlement, most defendants want the plaintiff to provide indemnification, which releases them from any responsibility that they owe money for this care.
An insurance company that paid for treatment that is part of the malpractice lawsuit may or may not have a right to reimbursement. Doctors who provided the patient care after the malpractice may have a lien and those are negotiated so that they are paid out of the settlement. The defense wants assurances that will happen. Typically, most defendants want confidentiality. They want to make sure that the amount of the lawsuit a person settled for is not publicized in any way.
When there issues with someone receiving the settlement, the Atlanta medical malpractice settlement process may not move forward until the plaintiff assures they will hold back enough money to pay off any liens or debts related to the medical care. When no assurance is given, most defendants do not want to give the plaintiff the settlement funds until they know that the issue of debts is addressed and payment is guaranteed or is represented and signed in the paperwork.
Benefits of Hiring an Atlanta Medical Malpractice Attorney
A medical malpractice attorney understands the settlement value of the case. To the victim who is suffering from someone’s malpractice, their case is priceless and there is not enough money that can compensate them for what they lost. However, the reality is that these cases resolve for certain amounts of money, and hospitals and defendants may pay an unlimited amount.
Work with a skilled attorney who knows how to handle the Atlanta medical malpractice settlement process, the value of the case and has the negotiating skills, and the ability to get the most money possible for the case.
