When you're dealing with a brachial plexus injury, it is important to understand the important pillars of the case, and the ways that a case can go against you even if you think you have a solid case for a lawsuit. You need a plan on what to do if / when you are offered a settlement. The old saying goes that a bird in the hand is better than two in the bush, and this line of thinking can make an early settlement very tempting.
This is easy to understand. After all, you have an injured infant suffering from a brachial plexus injury, and you want to spend as much time as possible looking after his or her needs, being there for the entire rehabilitation and therapy process. There will be plenty of medical bills that are not going to wait to see how a lawsuit ends.
In these circumstances, it can be very tempting to take the first decent offer and to avoid the entire courtroom experience. This puts some money in hand for the arduous rehabilitation and therapy ahead, and also avoids the potential outcome of going to court and losing the case.
When Should You Not Take the Settlement?
There are often two different lines of thought when it comes to taking a settlement in a brachial plexus case. One is that this can be a good thing. After all, you'll need the money in the months and maybe even years to come.
The other way to look at it is that if they are willing to offer a settlement right off the bat, then this can be an indication that you have a very good case and they do not want to take it to court. In theory, this means that you want to go to court and take on the case, since there's a good chance of winning.
While these philosophies might make logical sense, that is not the way you should be thinking before heading into an actual trial. The first thing to recognize is that you are not a legal authority, and, even if you are, you may be too personally tied to the case to be thinking clearly.
Hiring an experienced and high quality medical malpractice attorney is the best way to make sure that your legal rights are protected and to get critical advice from a trusted source on what your next step should be.
Things You Must Consider before Accepting a Settlement
The best option might be going to court, or it might be taking the settlement that's offered. However, there are several things you should take into account before deciding to go with the settlement.
The first thing you need to consider are the future costs. A settlement amount might seem like a good deal at the beginning, but does it still look good when you take into account future medical expenses, physical therapy expenses, and any possible in-home care, lost wages, or the stress and emotional anguish that comes with all that?
When you add all of these expenses together, a number that initially seems like a decent offer might turn out to be a terrible lowball bid, especially if there's no mention of covering current or future medical expenses
Brachial plexus injury cases can be difficult, and, because of the very nature of the injury, these cases tend to be extremely emotional and very stressful for everybody who is involved. Don't rule out the possibility of taking a settlement early on – it may turn out to be the best option for you and your family.
