By Tara Clary, Partner at Brockstedt Mandalas Federico
One of the most common questions we hear from clients early in the process is whether their case will end up in court. It’s an understandable concern; the idea of a trial can feel overwhelming, especially when you’re already dealing with the physical and emotional toll of a medical injury. The reality is that most medical malpractice cases do settle before trial, but not all of them should.
Experienced Medical Malpractice attorneys can help you understand the factors that influence how your case develops and can help you feel more prepared as your case moves forward.
The Severity of the Injury
The nature and extent of the harm plays a significant role in settlement dynamics. Cases involving catastrophic outcomes like brain injuries, permanent disability, or wrongful death carry substantial potential damages. In these situations, both sides have strong motivation to negotiate as the injured party wants fair compensation without the uncertainty of a verdict, and the defense wants to limit its exposure. Smaller cases, where the damages may not justify the cost of prolonged litigation for the defense, can sometimes settle more quickly for that very reason.
The Strength of the Evidence
Cases built on clear, well-documented evidence of negligence and harm are more likely to settle. When medical records, expert opinions, and the facts of the case plainly show that a provider deviated from the standard of care and caused a serious injury, the defense has strong incentive to resolve the matter before a jury gets involved. On the other hand, when liability is disputed or causation is complicated — for instance, when a patient had significant pre-existing conditions — the defense may feel more confident taking its chances at trial.
The Insurance Company’s Approach
Not all insurance carriers handle claims the same way. Some are more willing to negotiate in good faith when the evidence supports a claim. Others adopt an aggressive posture as a matter of strategy, offering lowball settlements or refusing to negotiate meaningfully in the hope that a plaintiff will accept less than the case is worth or simply give up. When an insurer won’t come to the table with a reasonable offer, trial becomes the only path to a fair outcome.
The Client’s Goals
Every client’s priorities are different. Some want resolution as quickly as possible so they can focus on recovery and move forward; they are not interested in the longer timeline for taking a case to trial. Others feel strongly that what happened to them should be heard publicly, and a courtroom is the only venue that provides that sense of accountability. We take the time to understand what matters most to each client, meet them where they are, and we make sure their goals guide every decision along the way.
What a Trial Actually Means
Going to trial doesn’t mean something went wrong with your case. In many instances, it means the opposite — your case is strong enough that your legal team believes a jury will see the full picture and deliver a just result. Trial preparation in Maryland medical malpractice cases is rigorous and involves expert testimony, detailed medical evidence, and careful legal strategy. It’s not a step any experienced firm takes lightly, but it’s one we are fully prepared to take when the circumstances demand it.
The Bottom Line
Settlement and trial are not good or bad outcomes — they’re different tools for achieving justice depending on the facts of your case. The key is having a legal team with the experience to know the difference and the ability to execute either path effectively. At Brockstedt Mandalas Federico, we prepare every case as if it’s going to trial, because that preparation is exactly what produces the strongest possible settlements, too.
If you believe you or a loved one has been harmed by medical negligence, contact us for a free consultation. We’ll help you understand your options and what a realistic path forward looks like for your specific situation.
Tara Clary is a partner at Brockstedt Mandalas Federico, where she leads the firm’s medical malpractice team.
Tara Clary is a partner at Brockstedt Mandalas Federico with over 25 years of litigation experience handling all facets of the most complex medical malpractice matters, from investigation through discovery and trial.
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