Medical Malpractice Lawsuit
You may have heard that most court cases take a very long time. Television and movies usually depict court cases at an incredibly fast speed, usually with the case going to trial after just a few days or weeks. In real life, however, this is completely unrealistic. There are many steps in the process, and each must occur completely and in the right order before the case can conclude. This is true for all types of lawsuits, including medical malpractice suits. This guide will explain further.
The Length of Your Case
Most court cases take the better part of a year. Sometimes it may be shorter, but sometimes it can take even longer than that. In fact, some large court cases can take several years to conclude. Once you have met with an attorney and filed your lawsuit, the first process is called “discovery.” This is one of the lengthiest parts of the whole process, as it is the time when both sides begin collecting evidence and preparing their arguments. It is very rare for discovery to finish in less than several months. During this time, both sides can submit official requests for certain documents and evidence, which must be reviewed and either approved or rejected.
Once the actual trial begins, things speed up a little bit. Some simpler trials may only last a few weeks, while large cases can last months at trial. You can get a better estimate for how long you should expect your case to last by speaking with a skilled medical malpractice attorney, like a medical malpractice attorney in Naperville, IL.
Another thing that the movies depict poorly is settlements. Accepting a settlement offer is often portrayed as admitting defeat when the reality is nothing like that. In fact, the vast majority of court cases end in a settlement agreement of some kind. It is nothing more than both sides agreeing that some compensation is due and that they can agree on an amount without a court’s authority. A settlement is designed to save both sides time and court costs.
The most common time for a settlement offer to be made is when the case is nearing its conclusion. If there is still a chance at winning, the defending side will want to fight for absolution; however, when it starts to become clear that the defense is going to lose the case, a settlement offer is usually made. Sometimes an offer can be made early in the process, which is the only realistic way a case could end very quickly. In this way, it may be possible for a case to only last a month or a few weeks.
Thanks to The Law Offices of Konrad Sherinian for their insight into how long a medical malpractice case might take to be resolved.