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You've been injured because of the carelessness of a doctor in Virginia. Now, you may have a medial malpractice claim. Your injuries are significant, and it is clear the doctor violated the standard of care. Your case appears to be a "slam dunk," so should you contact the insurance company to negotiate a settlement before filing a lawsuit?

While it seems practical, it isn't the best idea. Keep in mind, the insurance company will fight your claim with every tool they have. Doctors pay millions of dollars for medical malpractice insurance, and those companies will do everything possible to protect their insured. Insurance companies know what they are doing and they are skilled at finding ways to avoid paying on claims. The insurer will use the pre-suit negotiation to obtain as much information about you, your lawyer, and your experts as possible.

Additionally, medical malpractice claims are difficult to prove in Virginia. Even though your claim seems obvious, you will have to do a lot of work to convince the insurance company to pay out. Most medical malpractice lawsuits are decided in court, and it is very rare for an insurance company to settle.

If you believe you have a medical malpractice claim, you should start by contacting a Virginia medical malpractice attorney. An attorney can evaluate your case and decide how to proceed. Generally, an attorney will file a lawsuit then begin negotiating with the insurance company. This way, if the negotiations do not work, you will already have a trial date for your case.

Ben Glass
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Ben Glass is a nationally recognized car accident and ERISA disability attorney in Fairfax, VA.