How long a medical malpractice suit takes depends on the details of the case, but most cases are resolved in under one year. Factors such as the extent of injuries, the amount of evidence needed, and whether the case settles out of court can all impact the timeline.
A West Palm Beach medical malpractice lawyer from GOLDLAW Personal Injury Lawyers can review the timeline and help bring clarity to what clients should expect during their pursuit of compensation.
Factors That Contribute to How Long Medical Malpractice Suits Take
How long medical malpractice suits take varies widely depending on what occurs case-by-case throughout the legal process. Some cases are resolved in under a year, while others, especially those requiring a trial, may take longer.
The West Palm Beach personal injury lawyers from GOLDLAW work to streamline the progression of your case as much as possible while advocating for the compensation you deserve.
Investigation and Evidence Gathering
The first step in a medical malpractice case often takes the most time because of the amount of evidence to gather and evaluate. Attorneys must:
- Obtain and review medical records from the healthcare providers involved
- Consult with medical experts who evaluate whether medical negligence occurred
- Interview witnesses, such as staff members and other healthcare providers, to understand the full circumstances of the alleged malpractice
This investigation process is thorough and necessary to build a strong case. Any delays in obtaining medical records or securing expert reviews can extend this step. However, an experienced lawyer from GOLDLAW works to streamline it as much as possible.
Pre-Suit Filing Requirements
In Florida, medical malpractice cases are subject to pre–suit filing requirements under Florida Statutes § 766.106. Before officially filing a lawsuit, claimants must:
- File a Notice of Intent to Initiate Litigation with the healthcare provider accused of negligence.
- Allow the defendant a 90–day investigation period to evaluate the claims and determine whether to settle or deny liability.
This pre-suit process is designed to reduce unnecessary lawsuits and resolve cases early. While it can delay the start of the formal lawsuit, it often saves time in the long run if the case is settled during this stage.
Negotiations for Pre-Trial Settlements
Many medical malpractice claims are resolved through out-of-court settlements before they reach trial, which can save a considerable amount of time and financial resources for both parties since:
- Settlement negotiations often occur during or shortly after the pre-suit investigation period.
- There’s no need to go through the court’s discovery process or trial schedule.
However, negotiations can occasionally stall if parties disagree on the value of the case or liability. In those cases, the lawsuit may proceed further into litigation, including trial preparation.
Court Schedule and Trial
If a medical malpractice case goes to trial, the timeline extends significantly due to court proceedings. The attorneys from GOLDLAW weigh the benefits and drawbacks of going to trial with the ultimate goal of recovering the compensation you deserve.
Factors that contribute to delays include:
- Court schedules: Courts have busy dockets. Securing a trial date could take months or longer.
- Trial preparation: Interviewing and preparing witnesses for trial, especially medical experts, requires time, as does gathering evidence for trial presentation.
- Trial duration: Trials can last days or weeks, depending on the case.
While most cases settle before reaching trial, those that do require a court decision often take the longest to resolve. Despite the longer timeline, having an experienced attorney can help with the progression of your case.
For a free legal consultation, call 561-222-2222
How Much Does a Medical Malpractice Lawyer Cost?
You may be concerned about how much it costs to hire a lawyer if you are wondering, “How long do medical malpractice suits take?” At GOLDLAW, we eliminate this worry by operating on a contingency fee basis, meaning you will never get a bill for legal services upfront or out-of-pocket. This allows clients to focus on recovering and seeking justice without the added stress of legal expenses.
No Fees Unless We Win
At GOLDLAW, our clients don’t pay anything unless we successfully resolve their case. This means:
- No hourly rates: You will not be billed for the time your lawyer spends on your case.
- No upfront costs: All litigation expenses, such as filing fees, investigations, and expert witness consultations, are covered by our firm.
- You only pay us if we secure a settlement or win a verdict in your favor.
The sooner you begin working on your medical malpractice lawsuit, the better a lawyer can protect your interests and pursue the financial recovery you deserve.
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We Can Help You File Your Medical Malpractice Suit
Pursuing a medical malpractice claim can feel overwhelming, but at GOLDLAW, we are committed to making the process as smooth and stress-free as possible. With more than $1 billion recovered for clients and more than 200 years of combined legal experience, our team has the resources and knowledge to handle even the most challenging cases.
Whether your claim resolves through settlement or trial, you can count on us to stand by your side every step of the way. Get GOLDLAW and get the help you need and the compensation you deserve.
