Will My New York Medical Malpractice Case Go to Trial?


A: Most New York medical malpractice cases do not go to trial; however that does not mean that you will not get a fair recovery. Instead of going to trial, your New York medical malpractice attorney will try to settle your case with the defendant or defendants or their insurance company prior to trial.

In many cases, the defendant will want to settle the claim for a few reasons. First, it is typically less expensive for defendants to settle than to go to trial because going to trial costs more in attorney's fees. Second, a settlement is more predictable and, especially in a case where the injured party may be very sympathetic, a defendant may not want to "risk" a jury decision. Finally, many settlements are confidential, unlike court proceedings which are generally public.

While most cases settle for the reasons described above, it is possible that your case will go to trial. Your New York medical malpractice lawyer will review your options with you and advise you as to whether a trial may be in your best interest.

For more information about recovering damages for a medical malpractice injury in New York, please contact a New York injury lawyer at 1-800-PAGAN-911.