Malpractice cases can take a lot of time to
resolve and involve a lot of work. The whole process technically begins when
you suffer an injury at the hands of a medical professional. While this is the
inciting incident, if you will, the case proper might not begin for months or
years after this event as it can take that long to recognize that malpractice
has occurred.
Once you've noticed the injury, you should
approach a lawyer and consult with that lawyer about whether you did indeed
experience malpractice and if you have grounds for a lawsuit to seek
compensation for your injuries. Together, you will figure out what amount of
money you'd like to seek in damages. Your total damages will be a combination
of the money you've had to pay out to have your injuries treated, the money you
may have lost because you couldn't work, and any money that you believe is fair
compensation for your pain and suffering.
Once you know how much you intend to pursue
in damages, your lawyer will send a letter to the defendant, informing them of
your impending lawsuit and asking for the amount of damages you've agreed to
pursue. After considering your request, the defendant will decide whether to
pay you the money you've asked for, which will bring the matter to a
conclusion. They may instead choose to make a counteroffer. Counteroffers are
generally smaller than the original offer. If you decide that this offer is
fair, you can accept it and the case will end.
You can also choose to reject the
counteroffer and proceed with your case, at which point your lawyer will file
the proper paperwork with the courts. You and your lawyer will then begin the
process of preparing for a trial. Your lawyer may ask you to see a doctor to
get additional confirmation of your injuries. The defendant's attorneys may
also ask you to see a doctor of their own choosing to independently decide if
your injuries were indeed the result of malpractice
lawyers.
Your lawyer will also obtain copies of your
financial records to prove how much you've had to spend to treat your injuries,
as well as copies of your medical records to use as evidence during your trial.
They may also contract with additional medical experts to act as expert
witnesses for your side during the trial phase. At any point during the
preparations for the trial, either side may again propose a settlement offer to
the other in an attempt to avoid a trial entirely. While some cases do proceed
to trial, most are settled out of court in this way. Please check out their official site if you have questions.