October 12, 2020

Pitts Carr and Alex Weatherby

How Hard Is It to Win a Medical Malpractice Suit in Georgia?

If you were the victim of medical malpractice, you might be considering legal action. The unvarnished truth is that in many cases, it can be difficult to win a malpractice case in court. The vast majority of claims against a medical provider are lost.

Fortunately, that doesn’t mean you can’t get justice and recover fair financial compensation for your economic and non-economic damages. We have recovered millions of dollars for folks in medical malpractice suits, and we are ready to do the same for you.

What Are the Chances of Winning a Medical Malpractice Suit?

In most areas of personal injury law, it can be difficult (if not impossible) to calculate an average settlement value. For example, we cannot accurately estimate the average value of an Atlanta medical malpractice settlement or cite the average time it takes to settle a claim. 

However, scientific research does tell us some things about the odds of winning in court. In a review of 20 years of case outcomes, researchers from the University of Missouri determined that the odds of winning a medical malpractice lawsuit are somewhat grim: As many as 90% of cases are lost in court.

The reason for this unfortunate record is not that the defendants were not harmed, however. It is generally due to the medical “standard of care.” 

If you have strong evidence to support your claim, the odds of winning at trial increase significantly. Having strong evidence also increases the potential settlement value of malpractice cases. Having an experienced medical malpractice attorney in your corner can help you gather essential evidence.

How Can You Improve Your Chances of Winning a Medical Malpractice Suit in Atlanta?

This area of the law is highly complex, and as the research proves, a lack of persuasive evidence can make it difficult to win in court. Physicians and other medical practitioners may carry malpractice insurance. However, insurance companies will do whatever they can to avoid paying a claim. Insurers have virtually limitless resources with which to fight back, placing malpractice victims in a challenging position.

Having an experienced medical malpractice lawyer on your side can go a long way toward improving your chances of a satisfactory case outcome. Experienced attorneys understand how to obtain evidence to document your claim. They understand the legal system and know how to negotiate on your behalf. In most cases, an experienced attorney can successfully negotiate a settlement with the insurance company, so you don’t even have to file a lawsuit or go to court.

Another way to improve your chances of recovering compensation is to act quickly. In most cases, the Georgia statute of limitations for medical malpractice provides only two years from the date of injury to file a lawsuit. Although some exceptions to this limitation do exist, it is critical to get an attorney on board as soon as possible. This can help you preserve evidence and protect your legal right to recover the compensation you deserve.

Talk to an Atlanta Medical Malpractice Attorney Today

The medical malpractice lawyers of Carr & Weatherby fight for our clients in Atlanta and throughout Georgia. We understand this challenging area of the law, and we know how to get results. Before you talk to the insurance company, provide a statement, or agree to any settlement offer, contact us for a free case analysis.

Call or contact us today to discuss your case with an Atlanta medical malpractice attorney or to schedule your free consultation.