Many medical malpractice claims in Florida are resolved through settlement. Settlement means the defendant agrees to compensate you a fair amount outside of court. You may negotiate a settlement during the pre-lawsuit phase, after you have filed suit, or any time until your case is resolved.
Diaco Law can help you through the negotiation process and can work with you to maximize the chances of a fair settlement.
Give us a call before you sign any settlement documents to ensure you don’t accept a low settlement and leave money on the table. You can also read on to learn more about the process of negotiating settlements.
1. Investigation of Your Claim
The first step in any malpractice process involves investigating the circumstances of your medical care to determine if there is enough evidence to pursue a claim for damages. Your attorney will help you obtain your medical records and other evidence during this process.
Florida also requires that a medical expert provide a verified written medical expert opinion that attests to the fact that there are reasonable grounds to pursue a malpractice claim. You’ll typically obtain this as part of your preparation to negotiate a settlement or file a lawsuit.
2. Notice of Intent to Litigate
Florida requires patients who are pursuing a medical malpractice case to provide defendants with a notice of intent to litigate. Often, this kicks off the settlement negotiation process.
All defendants must receive this notice, and after it’s provided, there is a 90-day pre-suit period before a plaintiff can move forward with filing a medical malpractice lawsuit. During this period, plaintiffs and defendants often try to negotiate a resolution unless the defendant denies the claim outright.
3. Demand
Your attorney generally sends a demand letter to the defendant specifying the damages you sustained, outlining the malpractice and your injuries, and requesting a certain amount of financial damages. This demand letter starts negotiations off on your terms.
You should be compensated for medical bills, lost wages, pain and suffering, and emotional distress, and should include future losses you expect to suffer, such as ongoing medical bills if you’re still dealing with the aftereffects of the medical negligence. You want your settlement to cover all of these losses.
4. The Negotiation Phase
The defendant is usually represented by an insurance company that reviews all claims.
The defendant’s malpractice insurer will review your demand and the evidence and may respond with a counteroffer or may deny the claim. In some cases, the insurer won’t be willing to seriously negotiate a settlement until you’ve officially filed a lawsuit.
It’s important to note that even if your doctor wants to settle, their insurer may not, and with some malpractice policies the insurance company makes the decision on this issue.
5. Mediation
During the legal process, you are generally required under Florida law to go to mediation within 120 days after the lawsuit is filed. The goal is to help you try to find an out-of-court resolution. This involves working with a trained professional mediator who can help you find a compromise.
Mediators are neutral third parties skilled at conflict resolution, but they do not make decisions or force anyone to settle. Your ability to succeed in mediation will depend on the strength of your case and whether the defendant’s insurer is willing to make a fair offer to settle the claim.
6. Finalizing the settlement
If you reach an agreement with the defendant, then the attorneys involved in the settlement will draft a legally binding contract. You will have to agree to give up all future claims arising out of the incident and will be paid the settlement amount.
The settlement funds will usually be sent to your attorney’s trust account, and legal fees and medical liens will be paid before the balance is disbursed to you.
Diaco Law will be here for you throughout this process. Give us a call or contact us online today to schedule a free consultation and learn more about how our medical malpractice attorneys in Tampa can help you.