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Home Guest Post

I’m Being Offered a Settlement: Do I Still Need a Medical Malpractice Lawyer?

January 20, 2023
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Working with a medical malpractice lawyer in Baltimore can help you win a fair settlement that covers the extent of your damages. You should contact a lawyer regardless of being offered a settlement, as the settlement you’ve been offered may not be adequate to cover all of your economic and non-economic damages.

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Table of Contents

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  • Why You Should Always Hire a Medical Malpractice Lawyer in Baltimore
  • How Can a Medical Malpractice Lawyer Get Me More Compensation?
  • 1. By Gathering More Evidence
  • 2. By Assessing Non-Economic Damages
  • 3. By Negotiating
  • 4. By Defending You in Court
  • What Kind of Damages Can I Win in a Medical Malpractice Case?
  • Is It Possible To Get Legal Advice Free of Charge?

Why You Should Always Hire a Medical Malpractice Lawyer in Baltimore

Occasionally, you may be offered a fair settlement for your damages by an insurance company. However, more often than not, this isn’t the case. Insurance companies rarely want to pay out large sums, though some people are entitled to hefty amounts of compensation. Therefore, the insurance company will try to give you the lowest possible amount they can.

Attorneys have the expertise to figure out whether or not the settlement you’ve been offered is fair. They know how to calculate what you’re owed based on your damages, and they can compare the settlement offer to what people in similar situations have won, too. If they believe you’re entitled to a higher sum, then they may agree to take on your case to help you win more compensation. Learn more by speaking to a medical malpractice attorney.

How Can a Medical Malpractice Lawyer Get Me More Compensation?

1. By Gathering More Evidence

Sometimes it’s almost impossible to dispute that a physician or hospital has wronged you due to medical negligence. However, in some cases, the negligence is far worse than it seems, and you’ve suffered more damages than the insurance company is acknowledging. Your attorney will open an investigation to gather any relevant evidence that can help strengthen your case, if applicable in your situation.

2. By Assessing Non-Economic Damages

The settlement you’ve been offered likely covers economic damages such as medical expenses and missed wages. Insurance companies usually offer people unless than they could fairly win in non-economic damages, such as pain and suffering. They underestimate how much emotional distress the situation has caused. Often, insurance companies don’t pay attention to just how much your life has been impacted by what you’ve been through.

People with more serious injuries and whose lives have been changed substantially are entitled to more compensation for their pain and suffering than somebody with a minor injury and no significant life changes. Attorneys have the expertise to calculate how much you may be entitled to based on how significantly you’ve been impacted by the injury or illness caused by medical malpractice. They can then try to help you win this sum.

3. By Negotiating

Insurance companies aren’t always unreasonable. Usually, it just takes a little back and forth with them and some skillfully presented evidence to get them to raise their offer. Your attorney has the skills to negotiate with them, presenting evidence to show them why you may be entitled to the sum you wish to claim.

Attorneys also know when an insurance company likely isn’t going to budge on their offer, however, and they’ll be able to tell you whether or not the settlement being offered is worth taking. However, if the settlement remains unacceptable, then your attorney will let you know this, too.

4. By Defending You in Court

Less than 10% of medical malpractice cases go to trial. However, sometimes an insurance company will refuse to offer you a sum adequate to cover all of your damages. This usually only happens in particularly complex cases where you’ve been left with a lifelong disability or where a wrongful death has occurred as a result of medical negligence.

Any experienced attorney worth hiring will be willing to defend you in court if that’s what it comes to you in your case. However, be aware that it’s usually only people who are entitled to extremely high sums that end up having to go to court.

What Kind of Damages Can I Win in a Medical Malpractice Case?

There are numerous economic and non-economic damages you may be entitled to, depending on the details of your case. Some of these include:

  • Pain and suffering
  • Medical expenses
  • Current and future loss of income
  • Future medical expenses
  • Reduced quality of life

 

Is It Possible To Get Legal Advice Free of Charge?

It’s always worth having a free consultation with an attorney to see how they charge and whether or not they think you can win a larger settlement. At the very least, they’ll offer some free advice on whether or not you should accept the settlement you’ve been offered. Some attorneys may take on your case and accept a contingent fee as payment, meaning you won’t pay unless you win. However, not all malpractice attorneys charge this way.

If an insurance company offers you a settlement, then have an attorney evaluate it to see if it covers the full extent of your damages. If your attorney determines the settlement is too low, then they may be willing to take on your case and help you win more compensation than you’ve been offered.

Tags: law
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