Settling vs. Going to Trial: What to Consider in Medical Malpractice Cases

Free Consultation713-781-5200

  • SuperLawyers General
  • MMDAF logo
  • Million dollar advocates badge 1 1
  • abota bdg
  • 233 2331196 top 40 under national trial lawyers top 100
  • logo av
  • whos who
medical lawsuit
Legally reviewed by:
Steven R. Davis and John A. Davis, Jr.
January 16, 2024

After being injured at the hands of a medical professional’s recklessness, you are entitled to file a claim for damages. The typical medical malpractice process allows you to file a claim with the at-fault party’s insurance within the statute of limitations deadline and hopefully negotiate a settlement offer without going to trial. 

In some instances, going to trial can actually be a better option for your specific case, though it depends. The best possible route of action to take after your accident is to partner with a dedicated attorney from Davis & Davis. With decades of experience and knowledge to offer, our team is prepared to do whatever is best for you and your future, whether that means settling or taking your case to court. 

The Benefits of Settling vs. Going to Trial

In most cases, settling is the better option, though this ultimately depends on the amount of money the at-fault party is willing to offer up. Three benefits of settling as opposed to going to trial include the following: 

Guaranteed Compensation

As soon as it is evident that your injury is the direct result of a medical professional’s negligence, their insurance will try to offer you some form of settlement. When this happens immediately after your injury, it is recommended you do not accept the offer. Though tempting, this offer will not generally include future expenses or adequately cover the full extent of your losses. Remember, the insurance company is not looking out for your best interests. Their objective is to come to a settlement for the minimum amount that you will accept.

When facing a medical malpractice injury, it is best practice to partner with an attorney to help you file your claim and use their professional resources to collect pertinent information as evidence of negligence. When you decide to go to trial, you are potentially looking at a higher settlement award, but you are also losing the guarantee of compensation. 

Quicker Results

Most hospitals and other healthcare professionals prefer to settle outside of court. This process is generally quicker, which is also preferred for most victims, as it allows them to begin paying off their medical bills while getting the assistance they need to recover. Trials can take months or even years to get started, which can be hard to navigate while actively dealing with an injury.

You Can Negotiate

One of the benefits of settling a claim is the ability to negotiate. When you partner with an attorney from Davis & Davis, you are giving yourself access to an established attorney who knows how the insurance companies think and what their usual tactics are. We have many years of experience when it comes to demonstrating our clients’ total losses and fighting for a settlement offer that is worthy of their experience. 

If a worthy settlement offer cannot be reached through negotiation, we are always prepared to take your case to trial. 

Injured in a Medical Malpractice Accident? Schedule Your Free Consultation Today

In the wake of a medical malpractice incident, you deserve justice and compensation for the harm you’ve endured. At Davis & Davis, our seasoned attorneys specialize in navigating the complex landscape of medical malpractice claims, no matter if it’s through a regular settlement or through trial. Our extensive experience, evidenced by over 300 jury trials, equips us to tackle even the most challenging cases with confidence and expertise.

We stand by our promise: you won’t pay us unless we win your case. This commitment underscores our dedication to your cause, allowing you to focus on healing while we handle the legal complexities. Trust in our proven track record and let us champion your rights. For a free consultation and to start the journey towards the compensation you deserve, contact us today. Complete our online contact form or call Davis & Davis at (888) 522-9444.

John A. Davis, Jr.


John A. Davis, Jr. and Steven R. Davis

January 16 2024

Steven R. Davis and John A. Davis, Jr. are experienced attorneys at Davis & Davis, a law firm that specializes in medical malpractice cases in Texas. With a deep commitment to justice that guides their ethical approach, Davis and Davis have dedicated their careers to helping victims of medical negligence. They and their team continue to advocate for clients, despite the challenges posed by Texas's cap on recoverable damages in malpractice lawsuits. Davis & Davis pride themselves on their extensive experience in the field and their readiness to meet clients across the United States.

✓ Fact Checked