If you have been the victim of some form of medical malpractice and struggling to maintain control of your finances, you are likely anxious to know just how long your malpractice case will take.
Unfortunately, there is no means of determining the length of a medical malpractice case. While some cases are settled in a year or two, others can take as many as four years to be resolved. What is important is that you recover as much financial compensation for the harm done to you as possible. This is the focus of your attorney, and obtaining the maximum compensation takes time.
Studies show that almost one in three malpractice suits take more than three years to resolve. While most malpractice suits end up being settled out of court, this still means that both sides need to file motions and proceed through discovery through the court process. Sometimes, cases are settled relatively quickly, but for less money than the victim may deserve.
What factors are at work in the timeline of my case?
As with most legal proceedings, the more complicated the case, the longer it will take to work itself out.
A malpractice case can be complicated by factors such as:
- Complicated or innovative medical or legal issues
- High number of witnesses and medical experts to testify
- Multiple parties which may be held responsible
If a settlement cannot be reached right away, once a complaint is filed with the court, the discovery period begins where each side will attempt to learn all they can about the case. This can mean exchanging disclosure statements giving the facts of the case and listing any witnesses or medical experts involved.
Attorneys can then file motions to narrow the issues before going to trial. Certain pieces of evidence might be objected to, or the attorneys may ask the case be dismissed if there is insufficient evidence. On top of this, the court’s calendar can go a long way to determining how long it takes for your case to even begin.
Time is also spent in settlement conferences, mediation, or arbitration before going to trial. All of these steps can mean waiting for long periods of time before finally recovering the compensation you deserve.
Your best chance at recovering damages as soon as possible is not waiting to speak to a highly-qualified Peachtree City medical malpractice lawyer.