This guide is intended to help you understand the proper steps to take if you think you might be the victim of medical malpractice in Ohio. If you still have questions please contact our office today for a free case review.
If you suffered an injury due to the negligence of another party, you are entitled to compensation for your damages. To get that compensation, you need to start a Medical Malpractice Settlement. Your claim will settle quickly and fairly so you can get the compensation needed to move on with your life.
Medical malpractice settlements have some limitations that can make them challenging. Cleveland medical malpractice attorneys discuss what you need to know about Ohio medical malpractice settlements.
The Settlement Process Starts With Negotiation
A medical malpractice settlement will only resolve through a productive negotiation. While talking to the insurance company, you need a qualified attorney at your side to maximize your settlement offer. There are two key aspects to any medical malpractice claim:
- Proving liability; and
- Proving the value of your damages.
Under Some Insurance Policies, The Doctor(s) Must Approve the Settlement
Medical malpractice claims are generally handled by insurance companies. These claims are like other personal injury claims where insurers represent the defendant. In most personal injury claims the insurance company will have full authority to settle the case. If the defendant does not want to settle, it does not matter.
This may not be true in some medical malpractices cases. In some cases, the defendants have a “consent policy.” It mandates that he or she must sign off on any settlement agreement that their insurance company has reached.
In some cases, doctors fail to assess their own case in a rational, unbiased manner, and they refuse to settle. You may need to push your case to trial to recover the compensation that you deserve.
Medical Malpractice Settlements: Structured vs. Lump Sum
When your case settles, you may choose to take your compensation as a ‘lump sum’ or in a structured settlement.
A structured settlement is preferable if you want to receive your compensation over time. You and your attorney will have the power to negotiate with the insurance company. It is imperative that you are able to craft the payment structure that best suits your needs and desires.
Request Your Free Legal Consultation Today
At Tittle & Perlmuter, our experienced medical malpractice attorneys have helped many victims get full and fair compensation for their damages.
If you or a loved one was a victim of medical negligence in Northeast Ohio, we can help. Please call our team today at (216) 308-1522 to schedule a free, no obligation review of your claim.