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Understand repercussions of settling a medical malpractice case

On Behalf of | Sep 28, 2018 | Medical Malpractice |

After a damaging or debilitating medical accident a Hawaii resident may not have the energy to think about fighting a lengthy legal battle over the recovery of their losses. The idea of engaging with the medical practitioners who caused their harm may sound unpleasant and they may be open to any options available that could shorten the time between suffering their harm and getting compensated. Possibly the most common way a person can manage the recovery of their damages before a lawsuit is through settlement, but those who choose to undergo the process should have a firm understanding of what they give up when they form a settlement agreement.

A settlement agreement provides a medical malpractice victim with compensation for their injuries. In exchange for getting a settlement payment that victim must also agree to release the other parties that were part of the agreement from any further liability. This can mean that a victim cannot sue another party for the recovery of additional damages after they have agreed to the terms of the settlement.

A settlement can be of great help to someone whose injuries or losses are fixed and known. If a victim suffered a medical malpractice loss that had no lasting repercussions on their health then they may be inclined to settle rather than litigate. However, if a person who could be facing lifelong problems from their medical accident chooses to settle, they may be barred from seeking additional compensation in the future if they are bound by the terms of their agreement.

Medical malpractice victims should discuss their settlement options with their personal injury attorneys. Individual cases should be evaluated on their own terms and facts. This post is intended to provide an overview of the topic only and should not be used as legal advice