Legal Question in Medical Malpractice in California
Court and trial expenses
If you have a medical malpractice case and it goes to trial. If you lose the trial are you automatically liable for the opposing sides expenses? If so what determines that? Is there a limit before going to trial where you are not allowed to reach a settlement out of court?
Thanks
1 Answer from Attorneys
Re: Court and trial expenses
Both sides can agree to settle a case a minute before the jury delivers a verdict. What I mean is there is no time limit on when a settlement can be reached. If the plaintiff loses the case they may be liable for court costs and attorney's fees. The judge usually decides if the defendant is entitled to reimbusement of these costs. If the plaintiff has absolutely no case and brought the case maliciously the judge will probably award costs. It really differs from case to case and it is ultimately up to the judge. If your lawyer is fairly certain you will win then you should follow their advice.
Sincerely,
John Hayes, Esq.
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