If you or a family member suffered an injury due to a medical mistake, you are likely looking for answers. Many people believe all lawyers approach these cases in the same way. However, a major difference exists between a firm that focuses on quick settlements and one that prepares every case for a courtroom.

Understanding the litigation gap

The litigation gap describes how insurance companies change their behavior based on the lawyer across the table. These companies track which law firms actually go to trial and which ones avoid it. If a firm has a reputation for settling every case to avoid the courtroom, the insurance company may offer a lower settlement.

When a lawyer prepares for trial from the start, it changes the math for the defense. A firm that can present a complex medical malpractice case to a jury often forces an insurance provider to take the claim more seriously. They know that if they do not offer a fair amount, they risk a much larger verdict in court.

How courtroom preparation changes your case

Preparing for a trial requires a high level of detail and a thorough understanding of state law. This is especially important for birth injury claims where the medical facts are difficult to understand. A trial-focused strategy often includes:

• Reviewing every page of hospital records to find inconsistencies
• Filing a certificate of merit under Kentucky’s Certificate of Merit Statute to verify the case has a reasonable basis
• Securing medical professionals to explain how the standard of care was missed
• Using visual aids to show a jury exactly how an injury happened
• Standing firm against low offers that do not cover future medical bills

Data regarding medical malpractice trials show they are challenging for plaintiffs. Nationally, some studies suggest that defendants win roughly 70% to 80% of trials that reach a jury. Because the odds are difficult, you need someone who is comfortable in a courtroom. If an attorney is not ready to litigate, the defense has little reason to offer the full value of the claim.

Seeking long-term security

A medical error can result in costs that last for decades. In Kentucky, the time to file a claim is very short. State law gives only one year from the date of the injury or discovery to start a lawsuit.

Selecting legal help that is ready for a trial ensures that your voice is heard if negotiations fail. While many cases reach a resolution before a trial begins, the strength of your position depends on being ready for a jury.