If you’re considering starting a claim for medical negligence then you need to be prepared for a long wait to see a successful outcome for your claim.
In California, the law states that medical malpractice lawsuits must be filed within one year of the patient discovering the injury or within three years of the date that injury occurred—whichever comes first and a rough estimate for the average negligence claim in California to be settled is 2 to 3 years. The shortest claims will have a clear selection of evidence linking harm or injury to negligence which is why you need a lawyer who specialises in medical negligence. Where the defendant responds promptly to a claim and admits their negligence, a settlement out of court could be reached within just a few months.
One of the most common frustrations seen by claimants is ‘why is my medical negligence claim taking so long to go through?’ You may be suffering with loss of earnings and struggling to pay for medication which makes the time frame seem even longer.
A large amount of medical negligence cases don’t even reach court, in fact courts often encourage reaching out of court settlements where possible. Where an early settlement may seem appealing at first as you need the cash, it’s important to liaise closely with your attorney to ensure that you are not losing out in the long run.
A lawyer with experience in the medical field can advise you whether or not an early settlement will be the best option or not. You should also be prepared to have a frank and honest discussion about your current situation and how feasible it would be to wait longer for the possibility of a higher settlement.
As there are a number of different stages in a medical negligence claim then it’s important you understand from the outset what these are and what will be expected from you. After your initial enquiry and instructing a firm of specialist medical negligence attorneys, you will need to obtain your medical records and possibly a second opinion from another Doctor as well as a schedule of loss before negotiation can begin.
If an early settlement isn’t possible and it proceeds to court then this can really lengthen the amount of time it takes.
What is the shortest amount of time a medical negligence case can take?
If a medical negligence case is straightforward, the evidence is all in place and the defendant admits liability then an out of court settlement may be possible within 12 months.
Cases like this would likely have a value of thousands of dollars not hundreds of thousands and be for relatively minor and recoverable injuries.
What is the longest amount of time a medical negligence claim can take in California?
Unfortunately it’s not possible to give a definitive answer to this question, however large claims for serious injuries can take years to settle especially if the claimant does not want to accept the defendants settlement offers or the defendant disputes liability.
In order to get your medical negligence claim settled in the shortest period of time, it’s important to instruct a lawyer who is experienced in these types of cases. The legal team at Stalwart Law includes some of the most experienced medical malpractice lawyers in the USA, many of whom are also qualified as medical Doctors. Making Stalwart Law, the only choice for your medical negligence case. Contact us today for a no obligation consultation.