Medical malpractice settlement

Asked almost 4 years ago - South Bend, IN

I've been dealing w/ this for over a year, doing this by myself. I haven't had much correspondence with his lawyer except the info he requested. I hadn't heard from him for 6 mos, so I wrote to ask what was going on. He finally sent me an offer to settle about a month after I contacted him. I sent him a counter offer and haven't heard from him since; that's been about 4 mos. How long does he have to respond to the counter-offer? Is there a statute of limitations regarding getting a malpractice suit settled? Is there anything I can do to get things moving along? Thanks.

Additional information

I have already filed suit; it's been over two years since the initial filing. Does that make a difference? Since I've already filed, is there still a statute of limitations?

Attorney answers (4)

  1. Julio Cesar Martinez Jr.

    Contributor Level 3

    Answered . Let me start by saying that every state is different therefore I urge you to consult with an attorney that handles medical malpractice in your area. Here in Florida, there is not a statute of limitations affecting the time to respond to offers and counter-offers unless it is indicated (a "time is of the essence" clause) by either party. However, there is a statute of limitations on the actual claim itself. In Florida it is two years. Therefore, there would be an urgency to filing suit on the malpractice claim so that the statute of limitations does not run out and acts as a bar on your claim in the event you cannot come to a settlement.

  2. Patrick A Malone

    Pro

    Contributor Level 8

    Answered . If this is a substantial injury, with any kind of permanent condition, you may be penny-wise and pound-foolish to try to handle it yourself rather than obtaining a top lawyer in Indiana. That said, there is no specific deadline on counter-offers but the attorney could potentially run out the clock on your ability to sue if you let the statute of limitations deadline pass by. You need to consult an Indiana attorney to find out what that deadline is. The clock on the limitations deadline doesn't stop for negotiations unless you have a written agreement with your adversary to extend the time.

  3. Nima Taradji

    Contributor Level 16

    Answered . Yes, there is a statute of limitation for filing a lawsuit in every state - however there are same difference from state to state as to the time aloud. The statute of limitation puts a limitation on the injured person to file a suit before the time expires or see his claim be barred forever and for good. The defendant has no duty to do anything before that time--in fact, I would not be surprised if the doctor's lawyer is simply stringing you along until the statute passes and you are left with a fistful of air.

    Medical malpractice cases are extremely complicated and there are a lot of hoops a plaintiff has to go through in order to even file a lawsuit. There is no way you can do this by yourself--the matter is even worst since the doctor has lawyered up and you think you can beat a seasoned attorney at this game. It would be foolish to think that this scenario will have a happy ending for you.

    You need to speak with an attorney in your area at once. If you have been dealing with this over a year, chances are you may be very close to blowing the statute of limitation and you do not have a minute to lose. You need call an attorney as soon as you are done reading this.

    Generally, the initial consultations are free and there is no obligation. If you need a referral, I may be able to recommend an attorney in your area. 1-866-827-2354.

    I hope this helps-

    Nima Taradji
    http://personalinjuryattorneyz.com

    Disclaimer: I am a lawyer licensed in the State of Illinois only, and I am not your lawyer (unless you have been in my office and signed a contract). This communication is not intended as legal advice, and no attorney client relationship results. Please consult your own attorney for legal advice. This is for entertainment purposes only.

    Nima Taradji

  4. Nima Taradji

    Contributor Level 16

    Answered . If you have already filed a lawsuit without an attorney on a medical malpractice case, If I were the defense attorney, I would string you along until at some point you would miss some court rule or miss the filing of some important disclosure and then get your case dismissed that way. Or, wait until the trial day and then do various maneuvers which unless you are an attorney, you would have no clue about and get your case dismissed or seriously limit its punch.

    Without an attorney, you will not stand a chance against a seasoned defense attorney who does this for a living. Unfortunately, you may also be in a position that no attorney would want to get involved with your case at this point since there is no way to know what sort of damage you may have caused to your case by the things you have filed or failed to file...

    But the answer to your original question about how long the attorney has to answer to your demand or counter-offer, the answer is: whenever it fancies him. There are no obligations to settle a case whatsoever and so he does not have to respond to you at all--ever-if he doesn't want to.

    I hope this helps-

    Nima Taradji
    http://personalinjuryattorneyz.com

    Disclaimer: I am a lawyer licensed in the State of Illinois only, and I am not your lawyer (unless you have been in my office and signed a contract). This communication is not intended as legal advice, and no attorney client relationship results. Please consult your own attorney for legal advice. This is for entertainment purposes only.

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