Why Do So Many Medical Malpractice Attorneys Wait Until the Last Minute?

There are some legitimate reasons for waiting to file a lawsuit, but there is no excuse for the practice that many attorneys seem to follow.  They often wait until the last minute to file a Virginia medical malpractice lawsuit for the sole purpose of seeing if the insurance company will settle.

It is risky to wait until the last moment to file a suit, as there is a statute of limitations (a.k.a. deadline) for these types of cases.  Lawyers have been known to delay, only to find out later that they named the wrong defendant or someone else was to blame.

Many out-of-state attorneys will wait to file claims and when the insurance companies don’t settle, they become panicked.  They rush to find a Virginia medical malpractice attorney to help them file the case on time.  We receive plenty of these last minute calls and to be honest, we reject them immediately.

At my office, we generally file lawsuits before the negotiations take place.  That way, if the insurer doesn’t settle, we already have a trial date in place and can move forward.

For more information regarding Virginia medical negligence lawsuits, order my book, Why Most Medical Malpractice Victims Never Recover A Dime.  This book discusses the factors involved in medical malpractice cases, answers commonly asked questions and provides insight into how to find the right lawyer for your case.