Oklahoma City Medical Malpractice Settlements
After someoneone files a medical malpractice claim, they have the option to settle if both sides can reach an agreement. If the claimant is willing to settle, they will receive a one-time payment. However, if it is a significant dollar amount, then the claimant could receive a structured settlement.
If you or a loved one were injured due to medical malpractice, you might be entitled to compensation. A dedicated lawyer who has experience negotiating Oklahoma City medical malpractice settlements could help you recover the damages you deserve. Reach out to an accomplished medical malpractice attorney today and set up a consultation.
Deciding Whether to Settle or Go to Trial
It is solely up to the claimant on whether they want to settle the claim or go to trial. An attorney could advise on if they think settling or going to trial is the wise decision.
A claimant may want to settle rather than go to trial to eliminate the uncertainty. A jury or a judge may evaluate the case considerably different than how an insurance company or the plaintiff is evaluating the case, so both sides benefit by taking the risk out of what a judge or jury will do. Also, someone may not want to go to trial because it may put their credibility on the stand and they could face attacks from the insurance company’s attorneys.
A person may refuse the settlement offer and decide to go to trial if the insurance company is not offering a fair settlement. Due to the many factors in these cases, it is imperative for an injured victim to reach out to a lawyer who is knowledgeable about Oklahoma City medical malpractice settlements and trials.
Medical Malpractice Settlement Process
The medical malpractice settlement process in Oklahoma City starts with negotiation and often involves mediation to get settled. Mediation is where another party acts as an objective third-party between the two sides to try to get a compromised settlement.
The settlement agreement is signed by both sides, stating the dollar amount and if any particular checks need to be issued one way or another. Often, there are outstanding medical bills in a malpractice case, and those will need to be paid. The amount of a settlement is the number agreeable by the plaintiff and the insurance company for the hospital or physician.
What to Consider in a Settlement
An experienced lawyer who has settled medical malpractice cases could help determine the value of a settlement by looking on what similar cases were settled for and the likelihood of a similar verdict versus what the cases tend to be settled for.
When considering an Oklahoma City medical malpractice settlement, the claimant should take into account that a settlement is the final part of the case. If they settle, they are not going to trial to find out what a jury of their peers will say it is worth.
Common Issues in Medical Malpractice Settlement Negotiations
The biggest issue a person might encounter when negotiating settlements will be the medical liens, Medicare/Medicaid liens, or health insurance subrogation. Sometimes, it takes a while to get the final numbers from the providers.
These issues can delay someone receiving their settlement. If Medicare or Medicaid has a lien, the insurance company will include the Medicare or Medicaid on the check so the check cannot be disbursed until Medicare signs off on it. Sometimes it takes a while to get a final dollar amount to get from Medicare.
Call an Oklahoma City Lawyer About Medical Malpractice Settlements
A dedicated lawyer could benefit an injured victim by advocating for them and helping them get a fair settlement amount. If the case does go to trial, then the attorney could work hard to build a strong case to ensure the plaintiff recovers the damages they deserve. To learn more about Oklahoma City medical malpractice settlements and how a lawyer could help you, call today.