Wednesday, January 27, 2016

What are the factors that affect the length of a medical malpractice trial?

Southfield, Michigan medical malpractice lawyers, and one of the best in the region is J L Hawkins, tell us that one of the first questions they are asked by their clients and victims of medical malpractice is – how long will it take for the case to conclude? This obviously is a question that does not have a definite answer. 

The amount of time it would take for your case to be concluded will obviously depend on the specifics of your particular case and will vary from case to case. Ideally, hospital neglect and medical malpractice legal professionals say that they have seen cases that wrap up within a week and some can go on for years on end.

So what exactly determines how long the case will take to conclude and is there anything you can do to win your lawsuit faster? Remember that the longer a lawsuit goes on, the more you will have to pay in terms of legal and court fees. Therefore, wrapping up a lawsuit as early as possible is actually in the best interest of both the plaintiff and the defendant. Often, the doctor’s malpractice insurance company may agree to settle in order to avoid costlier payouts.

In most closely contested cases, plaintiffs ought to expect their lawsuit to take multiple years and Southfield, MI medical malpractice attorneys such as J L Hawkins are ready to carry the legal torch for you for that length of time if that is what it takes.

Things that prolong a medical malpractice case

To begin with, filing a malpractice lawsuit takes a lot of time. Filing a hospital neglect or medical malpractice lawsuit in many states translates to filling out a ton of paperwork diligently and then ensuring that a review panel approves it to actually go to trial. The case only begins after the lawsuit is filed, and taking 6 months to 1 year for the completion and filing of a lawsuit is not exactly uncommon.


The next factor that will affect the duration of the case is the complexity of the case. For the most part, cases that are simple and where a doctor or another health care professional has committed a glaring error can be wrapped up or settled soon. On the other hand, in some lawsuits where the case is closely contested and both sides have evidence supporting their claims, it can prove to very difficult to come to a conclusion and this can take a lot of time and effort and Southfield, MI medical malpractice lawyers have engaged in these legal battles so many times.

Multiple witnesses can also cause the case to prolong. Witness statements can take time where everyone has to be sworn in and there is a process that needs to be followed.

Multiple defendants are another factor that will inevitably lengthen a hospital neglect or medical malpractice case. When there are multiple victims in a medical malpractice lawsuit, the defendant will have to prove that each one of them are liable for the damages and this can take years according to Southeast Michigan medical malpractice lawyers.

Statute of limitations in medical malpractice cases

Since medical malpractice lawsuits can take years as it is, most states subject such lawsuits to a statute of limitations. A statute of limitations basically dictates that a lawsuit needs to be filed within a certain period of time after the malpractice occurs or is discovered or else it will be dismissed. There should be a time limit placed on the time you can file but it does not take too long to initiate a case and you have plenty of time to do so.

One of the finest legal representatives in this field in the home of the Tigers and Lions is J L Hawkins (http://www.jlhawkinslaw.com/). The first meeting with him is free. You do not pay him until the end and he is only paid when you are paid. J L Hawkins only takes a percentage of the final settlement so really it is like you are not paying him at all. On top of this, he will keep you abreast of the situation throughout the case’s journey. He has expert witnesses on standby that can help you win your case. 

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