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by Jeff Rasansky - December 1, 2013
Jeff Rasansky
Jeff Rasansky, managing partner of Rasansky Law Firm, is an aggressive Dallas personal injury lawyer with 25 years of legal experience.

Sometimes, a medical negligence claim doesn’t even make it to court. Medical malpractice lawyers are sometimes able to put together such strong cases that their clients end up getting offered a settlement by the doctor’s insurance company. This will only happen under certain circumstances and, if it does, you have to make sure that you follow some sensible procedures about how settlements work.

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1: Go Through Your Medical Malpractice Lawyer

You may be approached at some point and offered a settlement without your attorney being present. This is always a very bad sign. When it generally means is that the people you are suing assume that they can pay you off and get away with paying far less than they could if your attorney were there to negotiate a settlement. Remember that a contingency agreement with your attorney also covers wins via settlements. If you manage to get a settlement and it’s not enough to cover your attorney’s fees, you may ruin the entire point of filing a lawsuit in the first place.

2: Consider the Amount

Your attorney can help you handle the math involved with this. Ideally, a settlement would cover your legal fees, your medical expenses and other expenses and would allow you to avoid the costs of going to court. Your attorney will help you calculate all of this. If the settlement seems good, your attorney may well recommended that you go ahead and take it and save yourself some money and time.

3: Listen to Your Attorney

If you’re facing very high medical expenses and somebody offers you a settlement, it’s sometimes very difficult to conceive of why you wouldn’t want to take it. After all, it’s a guaranteed payout which can’t be said of going to trial. Your attorney will let you know whether or not you should really consider the settlement seriously. Listen to their advice. It may be difficult to let that money go and take the risk that you could lose altogether in court but, if your attorney doesn’t think that they’re offering enough money to make it worth your while to drop the case, then you may want to reconsider your position. Remember that your attorney is on your side and, if they give you some advice, it’s always in your best interest.

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