Will My Medical Malpractice Claim Go to Trial?

Boat accident, Jet Ski accident, Maritime and Personal Injury Attorneys Serving Florida

Posted: December 9, 2021
Authored by:

Only around seven percent of medical malpractice claims result in a jury trial. A large majority are settled long before a trial is needed. However, at Hickey Law Firm, we prepare every case as if it were going to trial, helping to ensure we are prepared to represent our clients in all situations.

Nearly two-thirds of medical malpractice claims are dismissed or dropped before they reach a trial. Of those that do reach a trial, only a small fraction are successful. In fact, studies have found that physicians prevail in 90% of medical malpractice claims where weak or insubstantial evidence is presented. Even with strong evidence, however, physicians prevail more often than victims. How your case is prepared and who you choose for representation can play a decisive role in the success of your claim.

Statute of Limitations

If your claim goes to trial, it may take one to three years before it is heard. However, you are still obligated to file your claim within a certain period to seek damages.

You have two years from the discovery of your injury to file a medical malpractice claim in the state of Florida. The date of discovery is the date you are diagnosed with an injury or the date it is determined that you should have been aware of it. Failure to file your claim within this time will prevent you from seeking compensation.

While you have two years to file a claim, we strongly recommend you take action as soon as possible. Medical malpractice claims are already exceedingly difficult to win. Waiting to file can complicate your claim further, placing additional obstacles in the way of a successful case. It is always a good idea to get in touch with an experienced and competent medical malpractice lawyer as soon as possible to help ensure the smoothest claims process.

Contact Us for Help

WHEN THE STAKES ARE HIGH, PEOPLE CHOOSE HICKEY LAW FIRM®. If you or someone you love has been injured by a negligent healthcare professional, Hickey Law Firm is here to help. Please call our Miami office at 305-371-8000 to schedule a free consultation and learn more.

Category :