Will my New York medical malpractice case go to trial, or can it be settled?

Most medical malpractice cases settle before trial because:

  • Defendants and insurers want to avoid unpredictable jury verdicts
  • Settlement eliminates trial costs and negative publicity
  • Both parties gain certainty about outcomes

However, trials become necessary when:

  • Insurance companies offer inadequate settlement amounts
  • Liability or causation remains genuinely disputed
  • The defendant refuses to acknowledge wrongdoing

The Pagan Law Firm prepares every case for trial, which strengthens settlement negotiations. Defense attorneys and insurers recognize when opposing counsel is trial-ready versus merely posturing.

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