Medical Malpractice: How Long to Settle a Case?

"How long will it take to receive a settlement from my medical malpractice lawsuit?"

This is a frequently asked question. However, it is not easy to answer this question since the case may last for a number of years or just a couple of months, depending on the specifics of the case. Settlement negotiations can be done anytime during the medical malpractice lawsuit.

Factors Affecting the Process

In most cases, the settlement period will depend on how complex the medical malpractice lawsuit is, and there are factors that add to the complexity of the case.

• Complicated medical problems
• Complicated legal problems
• Number of witnesses
• Numerous parties involved in the case

For example, an individual hit by a car may go through a number of surgeries performed by different doctors after being taken to a hospital. The individual may acquire an infection during their stay in the hospital. They may file a lawsuit against the doctors and other medical personnel, the hospital, or even the pharmacist. Many parties may be involved in the case. All parties will have to respond to the motion made. Numerous depositions are made, and different questions are asked by the lawyers of each party. All the medical personnel who handled the individual may be required to give a deposition. There are also requests for documents and other processes that will prolong the entire procedure.

The actual person responsible for the medical negligence may be difficult to point out, and all the parties should understand everything about the case before a settlement is made. Therefore, the individual will have to wait a period of time before a settlement is made in the case.

Lawyer Fees Prior to the Settlement

A St. Louis medical malpractice attorney may accept a case through a contingency fee agreement. This means the lawyer will be paid when the settlement is paid. A part of the settlement, which may be one-third of the amount, will be given to the lawyer.

It is also possible for a medical malpractice lawsuit to last for as long as five years, so the lawyer will have to wait for this long period to receive payment. A contingency fee agreement is in the best interest of the victim since it is dependent on the outcome and duration of the case.  The actual payment of the settlement of a medical malpractice lawsuit usually remains uncertain since it is determined by the numerous factors involved in the case.

To improve the odds of winning a fair compensation in a medical negligence lawsuit, it is important that you hire an experienced and competent St. Louis medical malpractice attorney. Call Zevan and Davidson Law Firm at (314) 588-7200 for a free consultation.

Photo credit: Mike Linksvayer via Flickr