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We are pleased to offer virtual consultations for our existing and prospective clients.

Is It Better to Settle a Medical Malpractice Claim or Go to Trial in Maryland?

Medical malpractice victims in Maryland face an important decision: should they go to trial or settle their claim? In order to choose, victims must understand the pros and cons of settling or going to trial so that they can make the best decision for their case.

There isn’t one right answer to the question of settling or going to trial for a medical malpractice claim in Maryland. The best choice for you will depend on your particular case and needs. For example, while trials may take longer, you also may recover more substantial damages. That being said, settling guarantees damages for victims and can take less time. These are all things to consider when choosing to settle a medical malpractice claim or go to trial in Maryland.

Our lawyers are dedicated to helping Maryland medical malpractice victims recover damages, whether by going to trial or settling out of court. For a free case evaluation with the Baltimore medical malpractice attorneys at Bennett & Heyman, call today at (410) 429-7856.

Should You Settle a Medical Malpractice Claim or Go to Trial in Maryland?

Filing a medical malpractice lawsuit in Maryland can be overwhelming. Victims need access to compensatory damages and need to decide whether or not to settle or go to trial. There are pros and cons to either option, which you and your Maryland medical malpractice attorney must weigh during a lawsuit.

In a lawsuit, your needs are paramount. Whether you choose to settle or go to trial will likely be based on the available evidence and your desired timeframe. There’s no one answer to the question of whether you should settle or you should go to trial. It depends on your particular case and its facts.

That being said, there are pros and cons of settling a medical malpractice claim out of court and going to trial in Maryland. It’s important to remember that Maryland medical malpractice lawsuits are not always linear. It’s possible that, after agreeing to settle, discussions prove futile, and you and your attorney decide to go to trial.

Choosing to settle or go to trial is a big decision that Maryland victims face when filing a medical malpractice lawsuit. To make an informed decision in your best interests, ask your experienced attorney for their advice.

How Long Do Maryland Medical Malpractice Settlements and Trials Take?

The timeframe is something to consider when deciding whether to settle a medical malpractice lawsuit out of court or go to trial in Maryland. Victims often need fast access to compensatory damages in Maryland, and on average, a trial can take much longer than a settlement.

While settlement discussions don’t happen overnight, they are generally much shorter than a trial. When both parties in a Maryland medical malpractice lawsuit agree to settle, their lawyers can begin settlement discussions right away. In a trial, however, the timeline is much longer. Before a trial can begin, it must reach the court docket. That means you’ll have to wait for other trials to complete until a judge or jury can hear your case. Sometimes, your trial can take months or years to reach the court docket. By that time, you may be overwhelmed with medical bills and lost wages.

Once a trial begins, it can take months to complete. A defendant’s attorneys may employ tactics to delay a lawsuit or provoke a mistrial. In that case, it may take years for Maryland medical malpractice victims to get the compensatory damages they deserve.

On the other hand, settlement negotiations are often much shorter than trials. That being said, they do take time. It can take weeks or months for a defendant and plaintiff to agree on a settlement amount. The bottom line is lawsuits are time-consuming. While going to trial or settling out of court will take time, opting for the ladder will likely result in you getting damages sooner.

Should You Settle a Medical Malpractice Claim or Go to Trial if You Need Substantial Damages?

When deciding whether settle a Maryland medical malpractice claim or go to trial, it’s important to consider your need for damages. While entering into settlement negotiations guarantees you access to compensatory damages, going to trial does not.

When both parties in a medical malpractice lawsuit in Maryland agree to settle, the defendant essentially agrees to pay you damages. The sum of those damages is still in question, but medical malpractice victims will certainly receive damages. When our Maryland medical malpractice lawyers represent your interests in settlement discussions, we can recover substantial compensatory damages on your behalf.

If you choose to go to trial, recovering damages is not guaranteed. Going to trial is a risk. While your skilled attorney may have compiled sufficient evidence to demonstrate a doctor’s negligence, it is up to a judge or jury to interpret that evidence. Unfortunately, victims might walk away with nothing at the end of a medical malpractice trial in Maryland.

A doctor’s negligence can have a profound financial impact on a victim’s life. Because of that, you may feel uncomfortable risking your access to compensatory damages by going to trial. Maryland victims may have heard that going to trial can result in greater compensatory damages than settling if a judge or jury sides in their favor. While that can be true, our Maryland medical malpractice lawyers aim to even the playing field and strive to recover substantial compensatory damages for our clients, regardless of whether they choose to settle their case.

Call Our Maryland Medical Malpractice Lawyers Today

When you need help deciding whether to settle a medical malpractice claim or go to trial, our lawyers are here to offer advice. For a free case evaluation with the Baltimore hospital negligence attorneys at Bennett & Heyman, call today at (410) 429-7856.

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  • Bennet Heyman
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Why do people choose us? Results

  • $10.25 Million
    Personal Injury Case

  • $4.75 Million
    Obstetrical Malpractice

  • $4.5 Million
    Personal Injury Settlement

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    Obstetrical Malpractice

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    False Arrest & Assault