A medical negligence settlement in Ireland is determined by negotiation or through the Irish Courts. In order to make a claim for medical negligence compensation in Ireland the services of a specialist medical negligence solicitor are recommended. A medical negligence solicitor will prepare a claim with litigation in the Irish courts in mind; however a medical negligence settlement can often be reached with an insurance company without court action being required.
Out of Court Medical Negligence Settlement Offers
An out of court medical negligence settlement is offered by an insurance company to limit losses and increase profits. Taking a medical negligence claim to the Irish courts will incur additional legal fees, court costs will have to be paid, and a medical negligence settlement that is decided by a judge may be far in excess of a medical negligence settlement offered by an insurance company
An insurance company will assess the risks associated with litigation through the Irish courts, and may decide to offer an early medical negligence settlement to the claimant. A medical negligence settlement may also mean that liability does not need to be accepted, which is of benefit to the respondent and the medical centre or hospital where they practice. Accepting liability for medical negligence can affect a doctor’s or medical institution´s reputation, and will certainly result in increased insurance premiums being necessary. An out of court medical negligence settlement may therefore be in the best interests of all parties.
Negotiating an Appropriate Medical Negligence Settlement
When a medical negligence solicitor prepares a claim for compensation, all aspects of injuries will be taken into consideration including the pain and suffering experienced, any psychological problems which have been caused, any loss of amenity or changes in the quality of life and how the injury affects an individual throughout life. A medical negligence claim will also include lost earnings and expenses incurred as a result of any injuries or health problems caused by medical negligence. A solicitor will calculate a claimant’s full entitlement to compensation, and will push for the maximum possible medical negligence settlement on a client’s behalf.
An Insurance Company May Offer You a Medical Negligence Settlement Directly
It is increasingly common for an early medical negligence settlement to be offered to a claimant, even before a full medical assessment of the injuries has been made. This is termed third party capture, and it is a method used by insurance companies to ensure that the minimum possible medical negligence settlement is accepted. When a medical negligence settlement is offered to a claimant, it should always be assessed by a medical negligence solicitor before being accepted, to ensure that the claim is not under settled.
Get a Free Assessment of a Medical Negligence Settlement Offer
If you have been offered a medical negligence settlement by an insurance company, or would like to find out the likely value of a medical negligence settlement before making a claim for compensation, we invite you to call our free medical negligence claims helpline for advice.
We will provide an impartial assessment of your claim, and will give you our unbiased opinion on any medical negligence settlement offer. If we believe an offer is fair and appropriate, and it is in your best interests to accept it, we will tell you so.
Call our medical negligence claims helpline today on Freephone or request a call back at a more convenient time by completing your contact details in the form below.