No - it can settle amicably at any point before then, assuming both parties are willing.
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No. A case can be settled the morning of the trial.
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Not necessarily. You need to address your concerns to your medical malpractice attorney.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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Just for your reference, only about 3%-5% of cases actually make it to full trial, and tat includes many cases that settle the day or the trial and I have settled cases after they have begun. Just be prepared to go through with the trial, but it might settle before that ever happens.
There is also the question of mediation and whether the judge will want to see if a settlement is possible before trial. Your best bet is to ask these question to your attorney.
I am licensed in New Mexco and Pennsylvania, and therefore any discussion of issues related to other states must considered within that context. In addition, my comments are not intended to create a legal representation but merely to respond to the limited facts presented by the question. Any opinion herein is not meant as a precise statement of legal rights or as a recommendation of any particular course of action. A more complete legal review can be obtained through local counsel.
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