Victims of medical malpractice often want to know how good their case is and what their chances of winning are. Victims who face serious injuries, ongoing medical care needs, and serious harm from medical malpractice need compensation for their injuries, and the odds of winning their case at trial might be an important factor in whether they accept compensation from the doctor’s malpractice insurance, whether they press the case in court, or whether they walk away without damages. The Arlington, TX medical malpractice lawyers at The Queenan Law Firm explain what the odds are of winning a medical malpractice lawsuit in Texas and why that may or may not be a good factor to look at when deciding how to proceed with your claim.
What is the Chance of Winning a Lawsuit for Medical Malpractice in Texas?
Generally speaking, you will either win or lose a lawsuit, so the mathematical odds – without looking at other factors – are 50/50. However, there are so many different factors that limit what cases get to go to trial and what happens once you’re there, so that, in reality, victims often have a better than 50% chance of winning based on numbers alone.
Before a case can go to trial for medical malpractice in Texas, the plaintiff needs an “affidavit of merit.” This is a sworn statement from a doctor who has reviewed the case that says yes, they agree that malpractice was committed. If your case already has to start with a doctor agreeing that you are indeed the victim of malpractice, then that greatly increases the chance that every malpractice claim that gets to court in Texas will be a win for the victim.
Furthermore, most medical malpractice injury lawyers work on a contingency fee basis, which means that they only get paid if you win your case. That means that your lawyer will probably let you know from the beginning if your case is too weak to succeed in court. If your lawyer has already agreed to take your case and fight the claim at trial, it’s because the lawyer thinks you have a good chance of winning. This kind of factor also skews the odds in favor of the victim winning most cases filed with the courts.
Statistically speaking, there are reports from the U.S. Bureau of Justice Statistics that show that more than 50% of cases usually turn out in favor of the plaintiff/victim in any type of personal injury case. These statistics also show that cases are sometimes more successful as bench trials as opposed to jury trials, which may be a factor your attorney advises you to consider in your case. However, the habits and trends of local juries might also be a factor that helps judge the chances of winning your case.
How to Improve the Odds of Winning Your Medical Malpractice Lawsuit in Texas
First of all, the best way to improve your odds of winning is to work with a lawyer. Medical malpractice lawyers experienced in handling these kinds of cases can help you understand how strong your case is and let you know your chance of victory. In reality, there is no such thing as a “sure thing” in lawsuits because the judge or jury could always decide to rule against you, even for minor details. However, the help of an experienced Dallas medical malpractice lawyer can help push your case to victory by providing a clear, strong case.
Your lawyer can advise you on what evidence and statements will help your case. Weeding out unnecessary information for the judge and jury can help streamline your case and build a concrete picture of what happened and why the doctor who caused your injuries should be held responsible.
Furthermore, your lawyer can argue the case in your favor. Even if there are facts or evidence that hurt your case, your lawyer might be able to explain them away to the jury, convincing them that you were indeed the victim.
In civil cases – which includes medical malpractice lawsuits – the victim’s “burden of proof” uses a “preponderance of the evidence” standard. Contrast that with criminal cases, where you need to prove that the defendant was guilty “beyond a reasonable doubt” – which is a very high burden. In civil cases, you only need to prove that it is “more likely than not” that the defendant was at fault. Getting a jury to agree that you met that burden is often within reach.
Another important way to help secure your victory is to hire medical experts. Your case will usually require you to provide testimony from doctors and other expert witnesses stating that your claim is valid and that your doctor’s care was below the normal standard of care. Choosing reputable doctors with the proper training and experience can help you build a strong claim.
Should I Settle a Texas Medical Malpractice Case or Go to Court?
Many people want to know the odds of winning their case to help them decide whether they should take the case to trial or just settle with the doctor’s medical malpractice insurance company. It is impossible for us to fairly make that determination for you without examining the facts of your case and discussing your claim with you. In some cases, settling is indeed the best – and fastest – way to get you the compensation you need. In other cases, settling will mean accepting lower damages than what you could receive at trial.
Talk to a Houston medical malpractice lawyer at The Queenan Law Firm for help making the decision of whether to settle your case or fight it out in court.
Call Our Arlington, TX Medical Malpractice Lawyers for a Free Case Consultation
If you need help determining whether it is worth taking your medical malpractice case to trial, call The Queenan Law Firm’s Arlington, TX personal injury lawyers today. Our attorneys have decades of experience helping injury victims fight to get the compensation they need. For a free consultation on your potential medical malpractice case, call us at (817) 476-1797.