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Medical malpractice cases are complex and often lengthy processes. This is due to most of the evidence in the case being scientific, and only a qualified expert can testify to these facts in court. In addition, the defendants in the case will be fighting to protect their reputations and finances.
Fortunately, most cases do not result in a trial. While it may still be necessary to file a complaint in court, most parties are eager to settle their differences without asking a court to intervene. This helps keep costs down and allows people to avoid the stress of going to trial.
Settling a Columbus medical malpractice case may be your best option. It is important to understand the available forms of compensation in these settlements as well as properly strategize for negotiations. Our experienced attorneys are prepared to help you reach a settlement that fairly compensates you for your losses.
As a general rule, a doctor, dentist, nurse, or surgeon that commits a medical error due to negligence must provide compensation to their patients for all damage that they inflict. This includes the costs of medical bills, as well as other out-of-pocket expenses and emotional and physical trauma related to the malpractice.
State law separates damages in medical malpractice claims into two categories: economic and non-economic losses. Ohio Revised Code §2323.55(A)(1)(a) defines economic losses as costs for medical care, rehabilitative services, and lost wages due to the injury or illness. There is no cap on these damages.
On the other hand, Ohio Revised Code §2323.55(A)(4) describes non-economic damages as those that affect the mental wellbeing of the patient. These can include pain, suffering, emotional traumas, and lost quality of life. There is a cap of $250,000 on these damages. By understanding the extent of your losses, our team can work towards demanding appropriate compensation in attempts to settle a Columbus medical malpractice case.
Of course, it is essential that you approach the settlement table from a position of strength. Usually, it is important to prepare for these negotiations as though you are going to present the case to a jury. You and your skilled attorney must be prepared to describe how the malpractice occurred, how it resulted in injuries, and what compensation is needed to set things right.
It may be helpful for parties to file complaints in court before engaging in these talks. This is because of Ohio Rule of Civil Procedure §10(D)(2), which says that a plaintiff in a medical malpractice case cannot file a case in court without including an affidavit from an expert witness testifying to the legitimacy of a case. If a defendant sees that the claimant has not met this burden when engaging in settlement talks, they will be unlikely to offer a proper amount of compensation. By meeting this requirement, the odds of settling a Columbus medical malpractice claim increase substantially.
The goal of any civil case is to award you the compensation you need to move forward in life. In many cases, this can come about as the product of a settlement.
When beginning the settlement process, it is essential to understand your losses and what you can collect in court. This involves measuring your economic and non-economic losses. Only by making a realistic offer can you hope to collect fair payments.
Additionally, it is imperative to meet all legal requirements before entering settlement negotiations. Failing to do so indicates to a defendant that you are not serious about your claim. Settling your Columbus medical malpractice case may be your best chance to collect fair compensation. Contact our team of accomplished attorneys today to learn more about how we could help.