When filing a medical malpractice lawsuit, an essential consideration is expert legal counsel.
Medical malpractice occurs when medical care providers fail to provide adequate treatment and pay close attention to detail, resulting in harm or death to the patient.
A medical malpractice lawyer in Jacksonville can help you determine whether or not your case has merit, and if it does, they will walk you through the court proceedings and help you receive fair compensation for your injuries.
Do you have a case?
The first consideration should be whether or not you have a case at all. Your malpractice lawsuit has merit for you to make it past your initial complaint, and having an attorney who knows what they’re doing will help you figure that out.
They’ll look into medical records, study the medical history, and review state laws surrounding medicine so they can determine if there was negligence on behalf of your doctor—the most common type of medical malpractice case.
If they don’t think your case is viable, it might be time to find another attorney before moving forward with a medical malpractice lawsuit that won’t hold up in court.
What is the statute of limitations in your state?
Although it’s up to individual states to set their deadlines for filing medical malpractice lawsuits, they’re all limited by something called a statute of limitations. In every state, these statutes require you to file your lawsuit within a certain amount of time after an injury has occurred or — in some cases — when you learn about an injury.
The limits range from one year (in California) to six years (in Virginia). Once that window expires, your right to sue is lost forever. If you miss the deadline in your state, there’s no way to extend or change it—no matter how strong your case may be.
That’s why understanding your state’s statute of limitations is so important.
What are your damages, medical expenses and lost wages?
You can file a lawsuit for anything from physical or emotional pain and suffering to loss of companionship, but are you able to prove your damages?
What about lost wages or future medical expenses?
There are different laws in each state regarding filing a medical malpractice lawsuit. If you’re not familiar with what makes up a winning case, speak with a qualified medical malpractice attorney who can help protect your rights.
Be sure to collect all of your records and receipts as they will be used during litigation. They’ll also come in handy if and when you go to court.
Should you settle with the insurance company?
Whether or not to settle with an insurance company is essential when filing a medical malpractice lawsuit.
Insurance companies usually offer to settle cases for a low amount to resolve them quickly and save on legal costs, but accepting such offers often means that you won’t be able to get back what you truly deserve from your case.
However, there are some valid reasons people choose to settle with an insurance company or take pre settlement funding for their ongoing claims.
If you have any doubts about what course of action is best for your case, always consult with a lawyer first; never try to handle things on your own.
Who can help with my personal injury claim?
If you’ve suffered injuries due to medical malpractice, getting in touch with a personal injury attorney is your first step.
However, it can be hard to know what kind of lawyer is best for your situation.
You may want to go with someone from a personal injury law firm or simply consult an individual lawyer; who you choose really depends on how complicated your case is and how likely it is that you’ll recover substantial damages in court.
If money isn’t necessarily an issue, then hiring a medical malpractice law firm could be ideal since they have experience working with doctors and attorneys already and can collect and manage evidence at no additional cost.
What if I don’t want to hire an attorney?
While having an attorney on your side will increase your chances of winning a medical malpractice lawsuit, if you are in a position where hiring one isn’t an option for you, there are still some things you can do to get what you deserve.
The first thing you need to remember is that these cases aren’t as common as people think. Fewer than 10% of all medical malpractice lawsuits make it past summary judgment and trial; most cases settle before.
While it may seem like everyone around you is filing a suit against their doctor, attorneys say that most people don’t file lawsuits even though their physician has harmed them.