Is a Malpractice Attorney Necessary If I’m Being Offered a Settlement?

contract.jpgEven in a seemingly open-and-shut medical malpractice case in West Virginia, it is crucial that you have an experienced medical malpractice attorney on your side. If you’ve been hurt due to medical negligence and an insurance company is offering you an immediate settlement, that means that they realize their client’s negligence in the matter and want to minimize the damages as quickly as possible.

Some insurance adjusters will even show up at the hospital in the hopes of having you sign paperwork while you’re still recovering. This is why having a knowledgeable lawyer is so important. When you’re still healing from a medical mistake, you might make errors or have poor judgment when it comes to your best interests. A lawyer knows how to protect you from a rushed settlement that may not cover all your damages.

Understanding the Effects of Accepting an Insurance Settlement
In a medical malpractice case, a settlement is essentially an admission of fault or guilt on the part of the healthcare provider. Even if the wording of the settlement is such that the company doesn’t accept or acknowledge fault, they wouldn’t be settling with you if they didn’t see a reason to pay for your injury. When you sign a settlement agreement and cash the check, you are releasing all your rights to pursue the healthcare provider in the future, even if you discover other injuries or your problem gets worse.

Most malpractice is unintentional; the doctor or healthcare provider wasn’t trying to purposely hurt you. However, the fact remains that when you have an injury through no fault of your own, you have rights. A malpractice lawyer can sort through all the red tape to evaluate a settlement offer thoroughly to ensure you’re getting all you deserve.