If you’ve been harmed by a medical mistake in Florida, you may be able to recover money to help cover your medical bills, lost income, and the pain and suffering you’ve been through. But to get that compensation, you’ll likely face a big decision: do you settle the case, or go to trial?
There’s no one-size-fits-all answer. Both options come with trade-offs, and the right choice depends on your specific situation. Below, we break down what you should know about each path, and what to consider as you decide what’s best for you.
Settling a Medical Malpractice Claim
Most medical malpractice cases are settled before they ever get to a courtroom. And for good reason, settling often makes the process faster, simpler, and less stressful.
Why People Choose to Settle
There are a number of reasons that people choose to settle medical malpractice claims, including:
- It’s quicker. Trials can drag on for months or even years. A settlement could mean getting financial relief much sooner — especially important if you’re already dealing with medical expenses or lost income.
- You know what you’re getting. Settlements offer certainty. A specific amount is agreed to, and you avoid the risk of a jury deciding you should get less — or nothing at all.
- It’s less emotionally difficult. Going through a trial can be tough, especially if it means testifying about painful or deeply personal experiences. Settling spares you that.
- The outcome isn’t always predictable. Even with strong evidence, a jury’s decision can be hard to predict. This uncertainty is a major reason why many choose to settle.
Your lawyer can help you assess all these factors before making a decision whether to settle.
Things to Consider
While settling has clear benefits, it’s not the right fit for everyone. Here are a few reasons why some people choose not to settle:
- You will lose your voice. When you settle, you give up the chance to tell your story in court. For some, having their day in court is a vital part of finding closure.
- You may walk away with less. Settlements are often lower than jury verdicts — particularly for pain and suffering or permanent injuries. It’s the trade-off for avoiding risk.
- There’s no public spotlight. Most settlements stay private. If part of your goal is to shine a light on a provider’s mistakes or push for change, settling might not accomplish that.
These are important factors to think about before agreeing to any resolution. What works for one person may not work for another — and your decision should reflect your values, goals, and circumstances.
Taking Your Case to Trial
Sometimes, settling isn’t an option — maybe the offer is too low, or the other side won’t take responsibility. In those cases, going to trial might be necessary. It’s a bigger commitment, but it can come with some major upsides.
Why Some People Go to Trial
Settling isn’t always possible or even desirable. In some cases, taking your medical malpractice case to trial offers important benefits that go beyond financial recovery:
- You could receive more. If a jury finds in your favor, it may award significant damages, especially if the malpractice caused serious harm or a long-term impact.
- It brings attention to what happened. A public trial can put pressure on providers to change unsafe practices. It can also raise awareness and help other patients down the line.
- It sets a legal precedent. Winning at trial doesn’t just help your case; it may make it easier for others to seek justice in the future.
For some individuals, the opportunity to seek accountability and push for change is worth the additional time and effort required to go to court. It’s a more complex road, but it can have a bigger impact, both personally and publicly.
What to Keep in Mind
Going to trial has its potential rewards, but it also comes with challenges you should be fully prepared for. Here are a few realities to consider before moving forward:
- It will take time. Court cases move slowly. If you go to trial, be prepared for a long process before you see any resolution.
- It can be stressful. Testifying and reliving your experience in front of others is not easy. It’s something to think about for both you and your family.
- There are no guarantees. Even with strong evidence, the outcome of a trial is never a sure thing. You could win big or walk away with nothing.
These risks don’t mean you shouldn’t go to trial — only that it’s important to go in with realistic expectations. A trusted attorney can help you weigh the pros and cons based on the specifics of your case.
Should I Settle or Go To Trial?
Whether you decide to settle or go to trial depends on the specific circumstances of your case. If you are being offered a fair settlement, that is often the best decision. However, if negotiations have stalled and failed to reach an agreement, then heading to trial may be your best decision. An experienced medical malpractice lawyer can help you decide which option is best for you.
Contact Baggett Law Personal Injury Lawyers for a Free Consultation With a Jacksonville Medical Malpractice Lawyer
If you are suffering from pain and injuries related to medical malpractice in Jacksonville, FL, the experienced team at Baggett Law Personal Injury Lawyers can help. We have over 100 years of combined experience helping injury victims get the justice they deserve. While we successfully negotiate settlements in the majority of cases, we are never afraid to go to trial when necessary.
Contact us now to schedule a complimentary consultation with a Jacksonville medical malpractice attorney who is prepared to assist you at (904) 396-1100.
