Is it a typical steategy for plaintiff attorneys to tell their client to expect a lower amount in a medical malpractice mediation settlement so the client doesn't have their hopes up, but then it settles at a higher amount and their clients are happy?

Answer 1

It is not a standard strategy for plaintiff attorneys to intentionally lower their client's expectations in a medical malpractice mediation settlement. Instead, a good attorney will provide their client with a realistic assessment of the strengths and weaknesses of their case and the likely range of outcomes based on the facts and circumstances. This information allows the client to make informed decisions about whether to accept a settlement offer or proceed to trial.

It is important for an attorney to be transparent with their client throughout the negotiation process, including the potential range of settlement amounts. If a settlement ultimately results in a higher amount than expected, it is generally a positive outcome for the client. However, it is important for the attorney to manage their client's expectations appropriately and not create false hope.

The attorney should also explain the reasons for the higher settlement amount, such as new evidence or a change in the defendant's willingness to settle, so the client understands why the outcome was better than expected.

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