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How Long Does a Malpractice Settlement Take?

Sophia Soraya

January 8, 2025

It is one of the many questions clients may have at the very beginning of their medical malpractice journey. The actual time needed to settle a medical malpractice claim really can be quite different and depends on many factors, including case complexity, the readiness of evidence, and the defendant’s willingness to settle. At Varcadipane & Pinnisi, P.C. our attorneys are prepared to assist residents in Paramus, NJ, through this process to achieve the best possible outcome.

What’s the Typical Timeline for a Medical Malpractice Lawsuit?

A medical malpractice lawsuit can take months or years to resolve. In general, cases that are tried in court take longer than those settled before going to court. This process generally takes several stages to complete:

  • Investigation and filing: The first step involves investigation, obtaining expert opinions, and filing the claim, which usually takes some months to do.
  • Discovery: Here, both parties exchange evidence and take depositions. This can take anything from 6 to 12 months or more, depending on how complex the case is.
  • Negotiations or Trial: Settlement negotiations may take place before or during trial preparation. If no agreement is reached, the case goes to court, which can extend the timeline by a great deal.

The National Center for State Courts points out that some cases will see longer delays due to the appeals process. Appeals for medical malpractice cases generally have complex reviews and, therefore even more time-consuming.

How Long Does a Malpractice Settlement Take?

The settlement process of a medical malpractice claim takes around 12 to 24 months from the time the lawsuit was filed. Its actual length is contingent upon variables such as the availability of evidence and the complexity of the injuries. The following are the main factors affecting this timeframe:

  • Pre-Litigation Settlements: Sometimes, settlement occurs before litigation when the liability is fairly apparent, and both parties want to resolve the issue with as little hassle as possible.
  • Insurance Company Negotiations: Insurers may delay agreeing to a settlement to minimize payouts, requiring persistence and thorough documentation.
  • Expert Testimony: Medical experts must often validate the plaintiff’s claims, which can take time to arrange and finalize.
  • Complexity of Damages: Cases involving significant economic losses or claims of extensive pain and suffering may take longer to evaluate and resolve.

In addition, determining damages in medical negligence cases often involves complex reviews of both economic and non-economic issues. The Knowles Group points out that this includes researching medical costs, lost wages, and psychological effects on the patient.

How Long Do I Have to File a Lawsuit?

In New Jersey, the statute of limitations in filing a medical malpractice lawsuit is usually two years from the date of injury or when the injury was discovered. This is the timeframe within which your legal rights are protected. Failure to do so might mean losing the right to compensation.

This general rule might be an exception in the case of a minor or where harm has been discovered sometime after the event occurred. For example:

  • If the injured party is a minor, the statute of limitations may be extended until they reach the age of 18.
  • If the injury wasn’t immediately apparent, the clock starts when the harm is discovered or reasonably should have been discovered.

Following the statute of limitations is essential to sustaining your claim, as some types of documentation and witnesses become much harder to access as time passes, making it easier to collect evidence for your case early on.

Is It Possible that the Defendant Refuses to Settle?

Yes, a defendant may refuse to settle a medical malpractice claim and force a trial. This typically occurs in instances where:

  • Liability is denied: The defendant’s attorneys will argue that the standard of care was satisfied or the injury was due to previous conditions.
  • The settlement demands are too high: Insurers may dispute the amount sought for damages, particularly in cases involving significant non-economic claims.
  • Strategic reasons: Sometimes defendants prefer to go to trial to dissuade future claims or to protect their reputation.

At a minimum, if a defendant is unwilling to settle, the plaintiff’s counsel will need to be prepared for trial; this includes strong evidence to prove negligence and damages from any proposed experts, and the packaging of persuasive argumentation and documentation.

While typically longer in duration, trials can end up benefiting claimants with higher awards received upon successful cases. More commonly, an effective attorney represents that would ensure all angles of an individual case are covered scrupulously.

Contact an Experienced Paramus Medical Malpractice Attorney Today

Medical malpractice claims are an emotionally and financially draining ordeal. At Varcadipane & Pinnisi, P.C. our lawyers work to guide you through the intricate legal system and toward an appropriate settlement. For those in Paramus, NJ, who wonder, “How long does a malpractice settlement take?”, contact us today at (201) 588-1500 to schedule your free consultation.

Sophia Soraya

Sophia Soraya is a seasoned attorney specializing in complex civil matters, with a focus on personal injury, professional malpractice, and product liability cases across New York and New Jersey. Sophia is a Partner with the Firm and has been selected as a Super Lawyers, Rising Star for consecutive years.

University: J.D. New England Law (Boston)

Bar Number: 000402013

Locations: New Jersey and New York.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partners, Jeffrey W. Varcadipane & Dawn M. Pinnisi, with more than 40 years of combined legal experience as personal injury attorneys.

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