FAQs About Settling an Alaska Medical Malpractice Case
Alaska medical malpractice claims are very serious, complex legal matters, but you might be surprised to learn that the vast majority of them do not go to trial. LeverageRx, an online med mal insurance marketplace for physicians, gathers data on these cases and reports on various indicators. Of the $13.7 million in payouts for Alaska medical malpractice claims, more than 95% are resolved by agreement with the health care provider’s insurance company.
There are numerous reasons you might want to consider resolving your med mal case by agreement, but not every claim is suitable for settlement. It is best to count on an Anchorage, AK medical malpractice lawyer to guide you in making informed decisions about your legal options. Still, some answers to frequently asked questions may help frame the important issues about settlement.
What are the advantages of settling a med mal case?
The three primary reasons medical malpractice victims consider settlement are:
- Litigation is time-consuming, taking several months or even years to go to trial.
- Trials encompass a certain amount of uncertainty, since there are no guarantees on how the jury will decide.
- You will be heavily involved with the case when going to trial, including providing depositions and testifying. Many individuals find litigation to be anxiety-inducing, so settling helps you avoid stress.
Are there any cons to settlement?
When you resolve your med mal claim via settlement, you will never know what you could have received by going to trial. However, note that Alaska does impose a statutory cap on noneconomic damages.
What can I recover if I settle a medical malpractice claim?
You are entitled to obtain amounts for all medical care necessary to treat the injuries caused by a negligent physician, as well as lost wages if you were unable to work. You may also qualify to recover for:
- Pain and suffering;
- Scarring and disfigurement; and,
- Losses based upon how medical malpractice affects your quality of life.
How long do I have to consider settling a med mal case?
Absent exception, there is a two-year statute of limitations on medical malpractice cases in Alaska, so you will need to wrap up settlement discussions before the deadline expires. If you do not file a lawsuit within this time, you are forever barred from obtaining damages. However, you have up to 10 years under the state’s statute of repose if you did not discover your med mal injuries immediately.
Do I need an Alaska Medical Malpractice Attorney to represent me?
You are not required to retain a lawyer, but you put your rights and future at risk if you try to represent yourself. Med mal cases are extremely complicated compared to other personal injury matters, even when discussing settlement. To learn how our team can support your legal needs, please contact Power & Power Law in Anchorage, Alaska. We can set up a free consultation to review your circumstances and advise you on the pros and cons of settling.