Why You Should Never Accept a Settlement Without Consulting a Medical Malpractice Lawyer

The sheer complexity of most medical malpractice cases can overwhelm many victims. Medical practitioners are protected by expensive attorneys, miserly insurance companies, and hard-to-prove negligence. Even if you've already been offered a settlement, without an experienced attorney in your corner, you're unlikely to receive anything close to fair compensation. The following six reasons should prompt you to find a medical malpractice lawyer in Baltimore right away.

Why You Should Never Accept a Settlement Without Consulting a Medical Malpractice Lawyer

1. Once You Accept, There's No Going Back

First and foremost, once you accept a settlement and receive the payout, you'll never have another chance to claim damages for the same incident. An all-too-common mistake claimants make is accepting an offer too readily and too early without consulting a lawyer first.

Medical malpractice attorneys offer free initial consultations, during which you can discover the true value of your claim. With one short risk-free conversation, you can check whether or not you're about to leave money on the table.

2. Insurers Always Low Ball Their First Offers

It's important to hold in mind that insurance companies remain profitable by paying out as little as possible on all claims. And medical malpractice typically produces the largest settlements of all personal injury cases, with an average $242,000 payout, or $1,000,000 if the claim goes to court.

Insurers loathe paying out so much money. They fight tooth and nail to win these cases and also to make you, the victim, think that your claim is weak and worthless. It's amazing enough if you've already been offered a settlement without a lawyer by your side: a rare occurrence. But you can be sure that this very first offer is neither full nor fair, as a consultation will no doubt verify.

3. You Don't Know Your Full Legal Rights

With legal expertise and plenty of experience with similar cases, a medical malpractice lawyer can tell you exactly what damages you're due and how much those damages are worth. Many medical negligence victims fail to realize just how much they can claim.

Beyond the medical bills you've already paid as a result of your injury, you can also claim damages for all future medical treatment in advance. You can receive compensation for lost wages, lost capacity to work, and lost career opportunities. There are also damages for physical pain and suffering, mental distress and suffering, loss of bodily functions, disfigurement, loss of important relationships, wrongful death, and more besides.

4. You Need a Lawyer To Investigate the Incident Properly

For the settlement offer you've received thus far, you mainly depend on the investigation and word of the insurer and defendant. But these parties are incentivized to minimize the degree of negligence and harm that actually occurred. During their investigation, any evidence they discover to the contrary will conveniently disappear. They have no incentive to share incriminating evidence or take any action that will help your claim.

Here, they're taking advantage of the fact that medical malpractice claims are the most complicated and difficult to investigate of all personal injury cases. Specialist medical knowledge is often required simply to understand what happened, and also in-depth analysis of medical records, hospital reports, relevant healthcare policies, statistical data on ordinary outcomes, expert witness opinion, and much, much more. To build a strong case, you'll need to have an experienced attorney carry out an investigation for you.

5. Medical Malpractice Is Very Hard to Prove

If you've been offered a settlement already, then negligence or wrongdoing has been proven to some degree. It's quite possible, however, that the full extent of the physician's negligence hasn't been revealed. Or, perhaps you've been accused of contributory negligence, worsening your injuries through your own actions. Either of these situations will lead to a lower payout than the full and fair amount.

Prove Full Negligence With a Medical Malpractice Lawyer in Baltimore

If you think negligence is being ignored in your case, you'll need to consult a lawyer to prove it. Proving the full extent of medical negligence is an uphill battle because things go wrong during medical procedures, even when the physician does everything right.

A mountain of evidence is required to prove negligence, including expert witness testimony, all of which requires a highly competent attorney. You can learn more here about all the value a good attorney can bring to your case.

6. There's Little Threat of a Lawsuit Without a Lawyer

Only 50% of medical malpractice cases are won in court, even when the evidence is strong. If the evidence is weak, this drops to only 10 or 20%. Because of these favorable odds, insurance companies are happier to go to court than with other personal injury cases.

If you want to earn higher compensation than your current settlement offer, you might need to file a lawsuit and take things before a jury. For this, you'll certainly need a good trial-ready lawyer by your side. Even hiring such a lawyer sends a message to the insurance company, telling them you're ready to go to court if necessary. This will often earn you a higher settlement.

Hopefully, you can now see the value in consulting with a lawyer before accepting your first settlement offer. With a little luck and good legal counsel, you'll soon be enjoying a much more satisfactory payout.