Many medical malpractice victims in Maryland ask how long their lawsuits will take to settle. The timeframe for a medical malpractice case to reach a settlement can vary based on several factors. Sometimes these victims face financial issues when their treatment bills balloon and they cannot earn a living.
The Average Malpractice Settlement Can Take 18 to 24 Months
A medical malpractice lawsuit can take anywhere from 18 to 24 months to settle. However, the duration may vary because of several factors. These included the complexity of the case, the number of defendants involved, and the court system’s speed.
Factors Affecting the Malpractice Settlement Timeline Case
Several factors can influence the timeline of a medical malpractice settlement case. These factors include:
Number of Defendants
When multiple defendants are involved, it may take longer to gather evidence, negotiate with each party, and reach an agreement. This can lead to a longer settlement process, as coordinating efforts and resolving disputes among multiple parties can be time-consuming.
Type of Negligence
Some medical malpractice cases involve clear-cut instances of negligence, while others may require extensive investigation and expert testimony to establish liability. Complex cases that involve intricate medical procedures or disputed facts may take longer to resolve.
Speed of Court System
Each court has its own procedures and caseloads, which affect how quickly a case moves forward. Some courts may experience backlogs, delaying scheduling hearings, motions, and trials. It’s important to consider the jurisdiction where your case will be heard when estimating the duration of the settlement process.
Who the Defendants Are
If the defendants are eager to resolve the case and avoid the potential risks and costs of a trial, they may be more willing to negotiate a settlement promptly. On the other hand, if the defendants are adamant about their innocence or have a history of contesting cases, it may take longer to reach a resolution.
What Are the Critical Moments to Settle a Malpractice Lawsuit?
During the course of a medical malpractice lawsuit, several critical moments can significantly impact the potential for settlement. These moments include:
Filing the Lawsuit
The initial step in a medical malpractice case is filing a lawsuit. This formally begins the legal process and sets the wheels in motion for the subsequent stages. Your attorney will prepare and file the necessary documents with the appropriate court. Filing the lawsuit is a critical moment that marks the official start of the litigation process.
Discovery Phase
The discovery phase is the fact-finding stage of a medical malpractice lawsuit. During this phase, both parties exchange information and evidence relevant to the case. This can include medical records, expert opinions, and witness testimony. The discovery phase can be time-consuming, as it involves gathering and reviewing substantial amounts of documentation.
Pretrial Motions
Pretrial motions are requests made by either party to the court before the trial begins. These motions can address various issues, such as dismissing certain claims, excluding evidence, or requesting a summary judgment. The court will review and rule on these motions, which can impact the lawsuit’s course and potentially lead to a settlement.
Pretrial Conference
Before the trial, a pretrial conference may be held to discuss the case’s status and explore the possibility of settlement. The parties and their attorneys meet with the judge to discuss the case’s progress, potential settlement options, and trial preparations. The pretrial conference provides an opportunity for negotiation and settlement discussions.
Trial
If the case proceeds to trial, the settlement timeline can be extended. Trials involve presenting evidence, calling witnesses, and making legal arguments before a judge or jury. The length of the trial can vary depending on the complexity of the case, the number of witnesses, and other factors. After the trial concludes, the court will render a verdict, which may be appealed.
Appeals
Either party has the right to appeal a court’s decision in a medical malpractice case. The appeals process can further prolong the settlement timeline, as it involves reviewing the trial court’s proceedings and presenting arguments to a higher court. The duration of the appeals process depends on the court’s schedule and the complexity of the issues raised.
When Do Most Medical Malpractice Cases Settle?
While every case is unique, most medical malpractice cases settle before trial. Settling a case can save time, money, and the emotional stress of a trial. Approximately 80% to 92% of medical malpractice cases settle before trial. This highlights the importance of skilled negotiation and the potential for a favorable outcome without going to trial.
What Are My Chances of Winning My Medical Malpractice Case?
The outcome of a medical malpractice case depends on various factors, including the strength of the evidence, expert testimony, and the skills of your legal representation. It’s crucial to consult with a top medical malpractice attorney in Maryland to evaluate the merits of your case and determine the likelihood of success. An experienced attorney can assess the evidence, guide you through the legal process, and advocate for your rights to help you achieve the best possible outcome.
If you believe you have a medical malpractice case, contacting an attorney promptly will ensure you receive proper legal representation and increase your chances of obtaining a fair settlement. Each case is unique, so seeking professional legal advice tailored to your situation is crucial.
