In my opinion you should never assume that your case will settle. If you are not determined to see your case through a trial if necessary, then you should not hire a lawyer to prosecute your case for you.
While it is generally true that most civil cases settle, that is not true for medical malpractice cases. In many instances, the doctor has the final say on whether a case settles.
For many reasons, the doctor may refuse to authorize settlement.
If you live in Virginia and need help with the impact medical malpractice has had on you or your family, call an experienced medical malpractice attorney. The call is free. Call (540) 777-4900 to get professional legal assistance.