Medical Malpractice Injury Claim FAQs
How do I know if I have a case?
When you're injured or sick, it can be difficult to think clearly and objectively about legal matters. We understand this and want to help answer your questions in plain English so you can make sound decisions about your future. We've compiled a list of common questions about personal injury law. However, every case is different, and we strongly suggest you contact an attorney in your area to get detailed information about your particular claim. Don't know a personal injury lawyer? Just fill out the form on the right and we'll give you a list of experienced attorneys close to you.
1. That a legal duty existed.
2. That the defendant(s) failed to exercise that legal duty.
3. That the plaintiff(s) were injured directly or indirectly because of that breach of duty.That there were damages (money lost) that can be recovered from the defendant.
If you can prove all four of these, then you may have a case. However, it is always smart to consult an experienced personal injury lawyer before proceeding with any legal actions.
What is Liability?
Liability is when someone is legally responsible to another person because of his or her actions or failure to act. In a personal injury case there may be several parties who have a certain degree of liability or responsibility for the auto accident.
What is Negligence?
Negligence is when one party is careless in its duty to someone. For example, if a medical professional acted hastily and failed to take certain pre-surgery steps required and accepted by healthcare professionals, which then caused you to become further injured during surgery. Negligence is often part of medical malpractice cases.
What are Considered Damages?
Damages is the legal word for the money an injured party has lost due to an injury. Those damages could be medical bills, prescriptions, time off from work, lengthy recovery time, and also pain and suffering. Most insurance policies only cover certain parts of the cost involved in common injuries like car accidents, slip and falls or workplace illnesses. For example, they may pay the hospital, but not rehabilitation specialists. Personal injury lawyers make it their job to recover damages from all responsible parties and cover more than just medical bills, but also things like pain and suffering, emotional distress and time lost from work.
What is a Statute of Limitations?
The law limits the amount of time you can file a claim and collect damages for your auto accident. That law is called the Statute of Limitations. No matter how great your loss, you will not be able to collect if you miss this deadline. Your lawyer will know all the deadlines for your state. Putting a claim together can take time, so it's important to consult with a lawyer near you as soon as possible.