What Is The Typical Duration Of Medical Malpractice Cases In Florida?
In Florida, there is a wide range in how long it takes medical malpractice cases to settle or go to trial. Sometimes, these cases settle in the pre-suit phase, which can be as early as a few months. Sometimes, cases take years to conclude. At Freedland Harwin Valori Gander, we aggressively push our cases to get the best resolution as quickly as possible. We understand how important this is to our clients.
What are the Factors Affecting Case Length?
Medical malpractice lawsuits require extensive investigation and preparation. Even after your lawsuit is filed, it will go through a series of steps before it reaches trial. Proving a medical malpractice claim requires your lawyers to prepare meticulously and avoid rushing because defense attorneys typically fight claims vigorously.
The Pre-Suit Preparation Required
Florida law requires your attorney to perform a pre-suit investigation to determine in good faith whether you have reasonable grounds to sue before filing your lawsuit. This process requires obtaining a written opinion from a medical expert.
An experienced and skilled medical malpractice attorney will conduct a much more thorough investigation than the court requires before filing your claim. Once your claim is filed, the defense will have access to your evidence, so your attorney will aim to thoroughly prepare your case before filing. This process can take several months or years because your attorney will need to do the following:
- Meet with you for your initial free consultation and evaluate your claim
- Retrieve extensive medical records
- Review your medical records with the help of professional medical experts
- Gather other supporting evidence to prove your claim
- Consult with accountants, life care planners, and other expert witnesses
- Identify your health care provider’s errors
- Build a case that connects the medical errors with your injuries
Pre-Trial Activities After Filing
Your case will enter the discovery phase shortly after filing. During discovery, the defense will review your allegations and request access to evidence, such as your medical records and expert witness findings. They can also require you to testify at an informal session known as a deposition.
The vast evidence in medical malpractice cases can cause the discovery phase to drag on for a significant amount of time. The more complex or contested your case, the longer it will take. In some cases, the defense will even intentionally drag it out.
The defendants may attempt to discredit your expert witnesses. We have been handling complex medical malpractice claims for more than 20 years, allowing us to build a network of the most respected medical experts in the industry. Although medical malpractice defendants know any attempt to discredit our expert witnesses is almost certainly doomed to fail, this does not stop them from trying. It is one way they can drag out the process.
Negotiation Dynamics
The willingness of the health care providers and insurers to settle your claim can significantly affect the time it takes to resolve your case. Settlement negotiations typically begin before the lawsuit is filed and can continue even after a trial begins. Cases that go to trial tend to take longer to resolve due to the extra steps involved in trials and the court backlog.
How a Lawyer Can Help with the Duration of Your Florida Medical Malpractice Claim
When you are coping with disabling injuries that prevent you from returning to work or deprive you of the financial support of a loved one, you need compensation as soon as possible. Our attorneys are driven by care and compassion for clients, and the urgency of your circumstances is always at the forefront of our minds.
We succeed in settling most medical malpractice cases but cannot promise a fast resolution. We are passionate and aggressive, ethically employing all resources available to ensure you receive maximized compensation. Accepting a fast settlement is not worth it if it leaves you without the long-term financial security you will need after suffering a serious injury. We won’t hesitate to take your case to trial if it means getting you the compensation you deserve.
Contact Our Law Firm Today For A Free Consultation
If you have experienced an unexpected negative outcome after visiting a health care provider, our award-winning Florida law firm can determine whether medical malpractice is to blame. After reviewing the details of your case, we can estimate the time it will take to resolve your claim.
We have received over $2.6 billion in settlements and verdicts. Therefore, you can rest assured that your claim is in capable hands. Contact us today by completing our easy online form or call (954) 467-6400 to schedule a free consultation.
