Medical Malpractice Lawsuits: Going to Trial vs. Settling in Florida

Medical Malpractice Lawsuits: Going to Trial vs. Settling in Florida

Medical malpractice lawsuits can be complex and emotionally draining for all parties involved. When faced with the decision to go to trial or settle, it's important to understand the pros and cons of each option. In this blog post, we will discuss the advantages and disadvantages of going to trial versus settling in Florida medical malpractice lawsuits, and provide useful tips to help you make the best decision for your case.

1. The Pros of Going to Trial

  • Higher Compensation: Going to trial can potentially result in a higher compensation amount, as juries may be sympathetic to the victim's suffering and award a larger sum than what was initially offered in a settlement.
  • Public Exposure: A trial can bring public attention to the negligent party, potentially leading to changes in their practices and preventing future instances of malpractice.
  • Establishing Legal Precedent: A successful trial can help establish legal precedent, which may benefit other victims of medical malpractice in the future.

2. The Cons of Going to Trial

  • Time-Consuming: Trials can take a long time to resolve, sometimes years, which can be emotionally and financially draining for the victim and their family.
  • Uncertain Outcome: The outcome of a trial is never guaranteed, and there is always the risk of losing the case and receiving no compensation.
  • Stressful Process: Trials can be stressful and emotionally taxing for the victim, as they may have to relive their trauma and face cross-examination by the defense.

3. The Pros of Settling

  • Quicker Resolution: Settling a case typically takes less time than going to trial, allowing the victim to receive compensation and move forward with their life sooner.
  • Certainty of Outcome: By settling, the victim is guaranteed a certain amount of compensation, rather than risking an unfavorable outcome at trial.
  • Less Stressful: Settling a case can be less emotionally taxing for the victim, as they can avoid the stress of a trial and the potential scrutiny of their personal life.

4. The Cons of Settling

  • Lower Compensation: Settlement amounts are typically lower than what may be awarded at trial, as the negligent party is often willing to pay a lesser sum to avoid the risk and expense of a trial.
  • Lack of Public Exposure: Settling a case privately may not bring about the same level of public attention and potential change in practices as a trial would.
  • No Legal Precedent: Settling a case does not establish legal precedent, potentially limiting the impact of the case on future victims of medical malpractice.

5. Making the Best Decision for Your Case

Ultimately, the decision to go to trial or settle in a Florida medical malpractice lawsuit should be made based on the unique circumstances of your case. Consulting with an experienced medical malpractice attorney can provide invaluable guidance and insight into the best course of action for your situation.

At Grossman Roth Yaffa Cohen, our team of skilled attorneys has extensive experience in handling medical malpractice lawsuits and can help you navigate the complexities of going to trial versus settling in Florida. Contact us today for a free case evaluation and to discuss your options for pursuing justice and compensation for your injuries.


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