Why You Need a Medical Malpractice Lawyer

HomeWhy You Need a Medical Malpractice Lawyer

Why You Need a Medical Malpractice Lawyer

An oft-repeated assumption says medical malpractice lawyers are only in business to make money. While medical malpractice lawyers do need to generate an income, many get into the profession out of a sincere desire to help you and other injured patients.

Medical malpractice lawyers from a reputable law office know that the legal system can be complicated and intimidating. A personal injury lawyer wants to ensure injured patients have the opportunity to be compensated for their injuries and hold negligent and reckless medical providers accountable for their actions.

A Medical Malpractice Lawyer Adds Value to Your Claim

Having an advocate in your corner who is committed to your success and recovery is just one of several benefits of retaining a medical malpractice lawyer. The skills, knowledge, and resources your attorney can bring to your case can assist you in succeeding with your claim.

Evaluation and Filing of Your Claim

Filing a medical malpractice claim can be time-consuming and emotionally draining, your medical malpractice attorney normally works on a contingency fee basis. Your lawyer can help evaluate the strength of your claim and potential defenses the medical provider may have.

This information can help you make an informed decision about whether to pursue your claim. If you do choose to pursue a claim, your attorney will be able to temper any unrealistic expectations you may have and advise you of the damages you may be entitled to receive.

Once it is time to file your medical malpractice claim, your attorney can draft the requisite documents and file them with the court. An inadequate petition or one that is not filed correctly can delay your ability to receive compensation. In certain cases, the statute of limitations may expire while you are attempting to fix a defective filing.

Advocacy During Settlement Negotiations

Many medical malpractice cases resolve by means of a settlement. A settlement is simply an agreement between you, the medical provider, their insurance company, and other involved parties. You agree to drop your claim for compensation in return for other parties agreeing to pay you a certain sum of compensation as damages.

Settlements can be beneficial to all parties involved in a medical malpractice case. You may benefit from a settlement in that you will usually receive a compensation award more quickly than if you took your claim to court. The other party benefits by saving time and money, as the amount of a settlement is usually less than what could be awarded at trial.

During settlement negotiations, the medical provider and their insurance company want to resolve the matter quickly and for as little money as possible. An experienced medical malpractice lawyer can engage in these sometimes-tense negotiation sessions.

Having legal representation, then, can lead to a more successful outcome than if you attempted to handle negotiations yourself. And it can save you the time and anxiety of having to participate in negotiation sessions while also trying to recover from your injuries.

Resources to Assist in Discovery

If your case does not settle, you will need to be prepared to proceed to trial. Before you get to trial, though, you are entitled to certain information and access to people as part of the discovery process. This gives you access to relevant documents, evidence, and people with knowledge of your injuries that the other party may have or know about.

Those who are not medical malpractice lawyers may not know the vast amount of discovery that is available or how to get it. You may not know the value of a deposition, interrogatories, or requests for parties to produce documents, let alone how to go about making these requests.

Rather than attempting to learn the intricacies of the discovery process yourself, your medical malpractice lawyer will know how to use discovery tools to support your claim for compensation.

Representation in Court and Beyond

If your case does not settle, you may have to proceed to court and present your case to a judge or jury. There are countless procedure rules and norms that apply in the courtroom. While you and other lay people are likely not aware of them, experienced attorneys know how to present your case.

Your attorney will elicit testimony from favorable witnesses, cross-examine adverse witnesses, and make factually and legally sound arguments to the court as needed to protect your interests. This will help present a thorough and accurate picture of your case to the court and may help you avoid embarrassing pitfalls and errors along the way.

If your claim is not successful, you may have a right to appeal the decision. This, too, is another legal process governed by its own set of rules and procedures. Your lawyer can assist you in deciding whether to appeal your case and if so, comply with the appropriate procedures.

Comprehensive Representation, Advocacy, and Advice

From the outset of your case, until the matter is fully resolved, a knowledgeable medical malpractice lawyer can guide you and your legal claim toward a successful resolution. A good personal injury lawyer (see at Bengal Law website) will assist in keeping your case on track, avoiding unnecessary and costly mistakes, and presenting the best possible case for compensation.

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