When to Settle – and When Not to Settle – Your New York Medical Malpractice Case

If you have been injured by New York medical malpractice then you deserve two things. First, you deserve fair damages for your injuries. Second, you deserve to recover your damages as quickly and easily as possible. Often both of those objectives can be satisfied by a New York medical malpractice settlement. However, before you accept a malpractice settlement you, together with your New York medical malpractice attorney, must decide if the settlement is in your best interest.

When to Settle a New York Medical Malpractice Claim

The decision about whether to agree to a medical malpractice settlement is inherently personal and based on the unique facts of your case. However, it is important to consider whether:
  • The proposed settlement represents fair financial damages for your injuries. Remember to consider your past, current and future medical expenses, rehabilitation costs, out-of-pocket expenses, lost income and pain and suffering.
  • You are willing to risk going to trial where a judge or jury may award less than the proposed settlement.
  • You have accounted for the additional costs that a trial entails if you refuse the settlement.
  • The settlement holds the doctor, nurse, hospital or other medical professional or entity responsible for what happened.

When Not to Settle a New York Medical Malpractice Claim

While the vast majority of New York medical malpractice cases settle before trial, some do not. The reasons that cases go to trial are as diverse and unique as the victims of medical malpractice. Yet, you may decide not to settle and prefer to go to trial because:
  • The settlement offer is low and does not adequately compensate you for your injuries.
  • The defense has dragged its feet in offering a settlement and you are willing to take your chances at trial after waiting so long.
  • You want the defendant to be held publicly accountable for what happened.

How a New York Medical Malpractice Lawyer Can Protect Your Interests

Deciding whether or not to settle a medical malpractice case is an important decision that may significantly affect your future. Thus, it is important to consult with a New York malpractice attorney before entering any settlement negotiations and before making any important decisions. Please call an experienced New York malpractice lawyer at 1-800-PAGAN-911 today for more information.