If I bring a medical malpractice/negligence lawsuit do I have to go to court?
Yes, although settlements in meritorious cases are frequent, settlements usually take place only after all discovery has been completed. Many times settlements are not offered until “half day” through trial. Recently, the insurance industry has bombarded the public with propaganda concerning frivolous lawsuits and large jury verdicts. This has affected the minds of many well intentioned jurors who are now misguided when they serve in trials. For this reason, insurance companies regularly refuse to settle lawsuits, hoping to take advantage of the expensive advertisements and news items that in the media.
At time of trial it is generally thought necessary that the person who brings the lawsuit be present in Court as often as possible. This could range anywhere from a couple of days to a week or longer.