A trial and a settlement are two different types of legal processes for concluding your case. More than 95 percent of medical malpractice claims result in out-of-court settlements. A settlement is basically a compromise. It is an agreement between the parties in a lawsuit that ends the lawsuit. Often, the healthcare provider’s malpractice insurer attempts to settle the case.
If you and the other party settle, you will not take the case to court. In exchange, you receive an agreed-upon amount of money from the insurance company for your losses. If the parties do not reach a settlement agreement, then the case goes to court.
People choose to settle cases for many reasons. For both parties, the outcome in court may be unpredictable. Defendants may wish to settle to avoid the risk of a much higher jury award. Plaintiffs may want to avoid the stress of a trial, or just don’t want the matter to continue for years.