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Can I Settle a Medical Malpractice Claim Without a Lawsuit?

By George Khoury, Esq. | Last updated on

Just about every single type of legal matter can be resolved without getting the courts involved. This means that a medical malpractice claim can be settled without filing a lawsuit.

However, before attempting to negotiate a settlement on a medical malpractice claim, seeking the advice of an experienced attorney in your area is a good idea. Below, you'll find the top three reasons why you should talk to a medical malpractice lawyer before taking any actions on your claim.

Many states' laws require that malpractice claimants provide specific types of notices within specific time periods. Sometimes medical expert declarations are needed at an early stage. Failing to provide notice, or meeting filing requirements, can mean that a person will not be able to sue.

To be certain that state specific deadlines and requirements are met, if a person believes they have a medical malpractice claim, even if they don't want to file a lawsuit, contacting an attorney is a good first step. If you wait too long to start your claim, you may not have enough time to negotiate a settlement before your statute of limitations runs up.

2. Insurance Negotiations

Mostly all doctors have malpractice insurance that will be willing and able to negotiate settlements for strong claims, even before filing a lawsuit. While it may be tempting to attempt these negotiations yourself, using an attorney provides you a layer of protection from insurance reps or adjusters that are trained to obtain statements from you that will reduce the value of your case. An experienced attorney will know what information to stress and rely upon during negotiations. Also, an experienced attorney will have a better idea of what amounts to a fair settlement value.

3. Threatening to Sue During Settlement Negotiations

Oftentimes, individuals will issue an empty threat, while they are negotiating, that they will file a lawsuit if the other side doesn't agree to settle. Attorneys will do this as well. However, when attorneys do so, it is much more believable and likely to achieve results.

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