Medical Malpractice Timeline

The timeline involved in a medical malpractice suit can be quite long. First, there is the amount of time between the incident that resulted in your injury and when you decide to file a claim for that injury. Once the case is started by filing the necessary paperwork, the case can either be settled immediately or proceed through a series of settlement negotiations and then a trial. It can take years for this process to conclude, with the average being five years between the incident and the conclusion of the case.

There are many factors that can affect the amount of time it takes for the case to conclude. Cases that involve several defendants, such as more than one doctor, a hospital and its staff, or all of the doctors in a private practice, will involve more work and thus a longer timeline. Cases that involve particularly complex medical issues can also take a long time. Read and view website about medical malpractice for more info.

Many medical malpractice cases settle. This can translate into shorter timelines, but doesn't necessarily. If the defendant offers a satisfactory amount as soon as the case begins, you may end your case rather quickly. If the initial settlement offer isn't satisfactory, your attorney may enter into negotiations with the defendant's attorneys, with several offers going back and forth until they reach an amount that is sufficient.

The timeline involved may affect the manner in which you choose to pay your attorney. If the case will take years and involve a lot of extra costs, the only way you may be able to retain an attorney for the duration of the case may be to pay the lawyer on a contingency basis. When a lawyer works on contingency, they do not get paid until and unless the case settles in your favor. The exact amount involved depends on the total of the judgment given as well as whether the state you live in limits attorney's contingency percentages. Lawyers may charge as little as 30 percent or as much as 50 percent depending on the circumstances.

If you choose to pay your attorney up front, you will be responsible for the attorney's billable hours, as well as any court costs. You will have to pay the court fees to file the case, the costs of having your medical records found, copied, and sent to your attorneys, and also the expert witnesses' fees. Choosing this option does mean, however, that any award you are given is yours to keep.

How do you know which option is the best choice? If you are offered a fair settlement right away, paying your attorney up front will have been the better choice. If the case drags on for years, though, contingency-based payments are generally better. It's impossible to know for sure in advance how long your case will take and whether you will be successful, so you may have to decide how to pay your attorney based on other factors. Check out and read more about a malpractice attorney.