How long does a medical malpractice case last?

If a medical mistake caused you to be injured, you should consult with an attorney and consider a medical malpractice lawsuit. Many people wonder how long such a case will last.

The answer is that it depends. After a lawsuit is first filed, there will be a period of discovery, during which both sides have the opportunity to review each other’s evidence, and obtain more evidence through depositions. This process takes several months.

A lawsuit may settle at any point, but a common scenario is for a settlement offer to be made at some point during or after the discovery process. The vast majority of lawsuits do settle before trial. A settlement is by definition a compromise, where the injured person may accept a payment that is less than what may possibly be won at trial. However, a settlement agreement results in certain payment, rather than the uncertainty of a trial.

If a case does go to trial, the trial may take place a year or more after the lawsuit is first filed. Many factors, such as jurisdictional rules, the complexity of the case and any additional motions filed by either side, play a role in how long a case lasts.

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