When settling a medical malpractice case in Glastonbury, complications may arise. The plaintiff may bear some responsibility for their injuries, or liens may have to be paid out of the settlement. For help understanding any potential complications in your case, reach out to a dedicated malpractice attorney today.
Understanding Negligence
Negligence on the part of the injured person can reduce the settlement amounts by the percentage that the person is negligent. If the victim is 10% negligent and the case is $100,000 verdict, for example, the verdict would be reduced by 10%, or in this case, $10,000. The plaintiff would then receive $90,000.
An experienced attorney could work to pre-empt a defense’s accusation of plaintiff negligence and work to recover full compensation for the victim.
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Things to Keep in Mind
When considering a settlement, the injured person should take into account the risks of going forward with a trial, such as the assessed cost and the possibility of losing whatever money is being offered to them. A client needs to be well informed of the risks and potential benefits of a trial.
When negotiating a settlement, a person may first have to deal with liens. Liens may have to be paid back to the State of Connecticut or the federal government, if it is Medicare. They may also have incarceration liens. They also have to deal with the insurance company playing games and not offering reasonable money.
How Long Does it Take to Receive a Check?
The insurance company has 30 days to render payment from the time of settlement. The process can be expedited if the parties agree that checks will be cut within seven days of the settlement agreement itself. An expedited payment can be negotiated in the course of settlement discussions.
When negotiating a settlement, a person may have to deal with liens that are to be paid back to the State of Connecticut or the federal government. They may also have to negotiate with uncooperative insurance companies not offering reasonable money.
These issues can delay a settlement because if a lawyer is trying to work out a lien, they cannot disperse a case by law until they resolve the lien. Sometimes an attorney must go back and forth with Medicare or another insurer and determine the proper amount owed.
To receive their settlements in a timely manner, a plaintiff should ensure that they have communicated with the insurance company, make sure that they have listed their proper address, remain in contact with their attorney to sign documents that need to be signed, and cooperate with any lienholder. Staying on top of small details can really help move a case towards closure.
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Role of a Glastonbury Medical Malpractice Attorney
Experienced attorneys can help bring about a settlement by being prompt and diligent, by getting the right information to the right people, and helping close up an agreed settlement as quickly as possible. If complications arise in the Glastonbury medical malpractice settlement negotiations, an attorney could work to resolve them positively. If you believe you have a right to recover compensation from a negligent medical professional, consider reaching out for a consultation.
