How Are Medical Malpractice Settlements Negotiated?

 

Many medical providers are conscientious professionals who provide quality care to their patients. Unfortunately, when they fail to meet proper standards of care, patients can suffer serious injury or death. If you have been hurt or have lost a loved one and you are considering filing a medical malpractice claim, it is important to understand that these types of cases are extremely complex. Even the best malpractice attorneys sometimes find it challenging to reach a fair settlement without taking a case to court.

Determining Liability

In any personal injury claim, a plaintiff must prove that another person’s or entity’s negligence or willful misconduct caused harm. Accomplishing this on your own is difficult, especially in medical malpractice cases. Finding a good injury lawyer who has a record of success winning malpractice cases is critical to helping you recover the maximum amount of compensation to which you may be entitled.

Types of Damages

Once liability has been determined, your lawyer will place a value your claim. There are two main types of damages that can be recovered in a medical malpractice settlement. Economic damages are quantifiable losses and expenses, such as the cost of additional necessary medical treatment received due to a medical professional’s negligence. It is much more challenging to put a dollar amount on non-economic damages like pain and suffering.

In some states, there are limits on medical malpractice settlement amounts. Insurance companies definitely keep this in mind when negotiating with injured patients, so it is essential to hire an experienced accident injury lawyer who is familiar with the laws of your state.

Medical Malpractice Settlement Negotiations

To begin negotiations with a health care provider or his/her insurance company, your attorney may send a demand letter informing him/her that you intend to file a claim against him/her. Although your attorney will most likely negotiate with the medical provider’s insurance company, the provider may have to approve the settlement before it can be finalized. This can drag-out negotiations and lead to costly court litigation.

Insurance companies also tend to be less willing to acquiesce to an injured patient’s demands in medical malpractice cases. If a medical provider is convinced that he/she did not commit any wrongdoing or wishes to avoid skyrocketing insurance premiums, he/she may stick it out and advise the insurer to take your claim to court. If your attorney reaches a settlement with all involved parties, it may also have to be approved by the court, especially in cases involving minors.

Medical Malpractice Settlement Payments

There are several factors that are taken into account when determining how a settlement will be paid, including the injured person’s age, the nature of their injuries, and the laws of the jurisdiction where the case is negotiated. A medical malpractice settlement may be paid through a structured settlement, a lump sum, or a combination of both. Typically, the settlement check will be sent to your attorney who deposits it into an escrow account. After deducting attorney fees and other expenses associated with your case, you will receive the remainder of the settlement.

To learn more about medical malpractice settlements, contact a personal injury lawyer today.

This blog was originally posted on https://www.pa4law.com/how-are-medical-malpractice-settlements-negotiated/

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Difference Between Medical Malpractice and Wrongful Death Claim

 

Understanding important distinctions between different types of personal injury claims can give you vital insight into how specific legal concepts may apply in your case. If you’ve lost a loved one and believe it was due to medical malpractice, there may be several avenues you can pursue to recover compensation. Typically, attorneys at medical malpractice law firms are also experienced in handling wrongful death claims. They can help you understand the differences and advise you of your options.

Medical Malpractice vs. Wrongful Death

Just because someone passed-away while under the care of a medical professional does not mean that their death warrants a wrongful death action. Knowing the definitions of medical malpractice and wrongful death can help you recognize whether you may have a cause of action after the death of a loved one.

Medical malpractice happens when a health care professional fails to provide a reasonable standard of care, and a patient is injured or killed as a direct result. Medical providers may include physicians, nurses, pharmacists, hospitals and health systems.

Some examples of medical malpractice include:

- Misdiagnosis or failure to diagnose

- Surgical or anesthesia errors

- Medication errors

- Birth injuries

Wrongful death occurs when a person dies as the result of an individual’s or entity’s negligence or misconduct. A wrongful death claim can arise from a variety of circumstances, including medical malpractice, car accidents, slip and fall incidents, and other situations.

Damages Available in Each Type of Claim

A significant difference between medical malpractice and wrongful death claims is the type of damages you may recover. Many states also put limits on the dollar amount of damages that may be recovered in a medical malpractice claim. If you want to be compensated for funeral and burial expenses and loss of future income, inheritance, companionship, guidance, care, and mental anguish due to your loved one’s death, you must file a wrongful death claim. Before filing any kind of claim, it is always a good idea to speak with an experienced PI attorney.

What is a Survival Action?

When someone dies as the result of medical malpractice, their loved ones or estate may be able to bring a survival action against a negligent medical provider. A survival claim is for the damages your deceased loved one suffered. This may include medical bills and any pain and suffering they experienced from the time the negligent act occurred until the time of their death. In essence, pursuing a survival action is like bringing a medical malpractice claim on behalf of your loved one.

Which Type of Claim Should You File?

It can be confusing to determine which type of claim is appropriate in your case. In some states, only the personal representative of a person’s estate can bring medical malpractice or wrongful death claims on the family’s behalf. Settlement caps and statutes of limitations for medical malpractice claims and wrongful death actions may be different as well, so it is important to act fast if you believe your loved one’s death was caused by medical negligence. An accident injury lawyer can determine whether you have a viable claim and advise you of possible options for recovering compensation.

If you have questions about medical malpractice or wrongful death, contact a personal injury lawyer today.

This blog was originally posted on https://www.pa4law.com/difference-between-medical-malpractice-and-wrongful-death-claim/

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Documents Needed for Filing a Personal Injury Lawsuit

 

 

Proper documentation and evidence are critical in any personal injury claim. Being prepared before filing your claim can help make the process less stressful, but it can be confusing to know what is required to prove your claim. These are some examples of documents you may need to help your accident injury lawyer get started on your case.

Reports from Police and other First Responders

When you’re involved in an accident, it’s always a good idea to call 911 or your local law enforcement agency. Police reports, fire department reports and EMT reports are valuable pieces of evidence that can back up the facts of your personal injury claim. In addition to first responders’ observations, these reports sometimes contain witness statements that may be vital to proving your case.

Incident Reports

If you were injured at a business, construction site or another property, a manager or supervisor may create an incident report. If possible, you should obtain a copy of any type of accident-related report before you leave the scene.

Witness Statements

Written or recorded witness statements serve multiple purposes. Documentation of witnesses’ observations, while they are fresh, can provide compelling evidence of how an accident or injury occurred. Witness statements may offer important details that help accident reconstructionists determine what happened. Gathering witness statements and contact information right away may also prevent them from forgetting or changing their story later on.

Bills and Receipts

Even the best personal injury lawyers need quantifiable proof of your losses and damages to put an accurate value on your claim. Make sure to keep all of your bills and receipts for medical costs and any other accident-related expenses. Medical reports, records, or explanations of benefits should also be saved. You may also be able to recover compensation for travel expenses to and from medical appointments, so make sure to give these to your attorney as well.

Proof of Lost Wages

Paystubs, W-2 information, work schedules and other employment-related information help prove wage loss and can be important evidence when demonstrating loss of future income and earning capacity.

Insurance Information

Insurance companies are usually involved in most personal injury claims. If you are the victim of a motor vehicle crash, make sure to obtain the insurance information of everyone involved. Your car accident lawyer will also want your auto insurance policy information. Depending on the type of case, you may need a negligent party’s homeowner’s or renter’s insurance information. Keep any correspondence you receive from any insurance provider, even your own.

Your Notes and Journal

Jotting down notes immediately following an accident can help document critical details you may forget later. In addition, keeping a journal documenting your injuries, daily level of pain, feelings, appointments, and day-to-day activities can paint a picture of how your life has been impacted. Your attorney can use this information to establish the physical, emotional, and financial costs of your injuries and losses.

If you need assistance gathering documents for a personal injury claim, contact an attorney to learn more.

This blog was originally posted on https://www.pa4law.com/documents-needed-for-filing-a-personal-injury-lawsuit/

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How to Determine If You Have a Wrongful Death Claim

 

 

Regardless of how it happens, losing a loved one is never easy. When someone is responsible for another person’s death, certain family members or a deceased person’s estate may be able to bring a wrongful death claim against them. But how do you know whether you have a viable claim? The best personal injury lawyers know which specific factors to consider when determining whether a client may have a valid claim. Understanding these elements can help you make an informed decision about pursuing a wrongful death claim.

Was the Death Caused by Negligence?

It goes without saying that someone must have passed-away for a wrongful death claim to be considered. The major element that must be proven is whether their death was caused by negligence. To prove this, three factors must be taken into account:

Duty of care—you must show that the defendant owed a duty of care to the deceased victim. For example, all motorists have a legal obligation to obey traffic laws to keep themselves and others safe on the road.

Breach of duty of care—this means that the defendant failed to act reasonably, which caused them to breach their duty of care. For instance, if someone gets behind the wheel while they are intoxicated, they are breaching their duty of care.

Breach of duty of care led to the victim’s death—you must also prove that the defendant’s breach of duty of care led directly to a victim’s death. If the drunk driver in the scenario mentioned above ran a stop sign and t-boned another car, causing the death of someone inside, they may be liable for damages.

Although proving that negligence caused a victim’s death may seem straightforward in such examples, it can be challenging. That is why it’s vital to have an experienced car accident lawyer evaluate your case if your loved one was killed in a motor vehicle crash.

What is Your Relationship to the Victim?

In some states, a deceased victim’s spouse, children or parents can file a wrongful death claim directly. In others, the administrator of a victim’s estate must file the claim. If the victim died without a will or did not name an administrator for their estate, one will be appointed by the court.

When Did the Death Occur?

Each state also has its own statute of limitations for how long a family member or estate has to file a wrongful death claim. In many states, the time limit is two years from the date of death. However, there are exceptions and statues of limitations vary by state.

Have You Suffered Losses Due to Your Loved One’s Death?

To be awarded damages, you must also show that you suffered losses or expenses as a result of your loved one’s death. Wrongful death damages may include the future earning capacity of the victim, loss of companionship, love, and guidance, funeral and burial costs, and other damages. Quantifying some of these losses can be challenging, so having a seasoned accident or injury lawyer determine the value of your claim is critical to recovering the maximum compensation to which you may be entitled.

Have you lost a loved one in an accident caused by someone else’s negligence?? Contact a wrongful death attorney to learn more.

This blog was originally posted on https://www.pa4law.com/how-to-determine-if-you-have-a-wrongful-death-claim/

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Bicycle Accident Claim Compensation – How a Personal Injury Attorney Can Help

 

Did you know more than 45,000 bicyclists are injured or killed each year by collisions with motorcycles? Riding a bicycle can be great for your health and is a cost-effective option to get around. As bicyclists often share the road with motorcyclists, there is a potential for serious accidents and injuries. Unlike the occupants of other vehicles, bicyclists do not have protection surrounding them and may sustain injuries such as broken bones, spine injuries, disfigurement, brain injury, and more. Different types of bicycle accidents and injuries are caused by distracted driving, drowsy driving, speeding, lane switching, running red lights, failure to yield, driving while impaired, and more.

If you are injured in a bicycle accident caused by a third party, you are eligible to get compensation for property damage, personal injuries, pain, and suffering. A good injury lawyer who understands how to accurately value your claim and fights can help your recover the compensation you need.

Perks of Hiring an Accident Attorney

When you or your loved one has been injured in a bicycle accident, it’s difficult for you to figure out who is at fault on your own. Moreover, dealing with insurance adjusters is also tricky as they are always looking out for the best interests of the insurer. Hiring the best accident attorney helps you find out the accurate value on the cost of future medical bills, future wage and income loss, pain and suffering, and other damages. They are experienced and know how to prove negligence, value your claim, protect your interests, and get the compensation you deserve. In addition to this, a car accident lawyer will identify all possible sources of compensation and handle all of the legwork necessary to pursue maximum compensation for you.

They help you in,

- Accident investigation

- Collecting evidence

- Discussing the scope and severity of injuries

- Negotiation and more

A good injury lawyer will help you during the insurance process and help you obtain the maximum compensation from an insurance company. They file a claim that covers all of your accident-related losses to increase the success of your claim. They collect as much evidence of your accident losses to support your claim and minimize the chances of the insurance company blaming you. Moreover, they will also advise you when a settlement offer is inadequate and reject it. If the insurance company refuses to offer you the full amount of your compensation, your accident lawyer will know when to pursue compensation through court proceedings.

The Bottom Line

Are you involved in a bicycle accident? Hire an experienced injury lawyer to evaluate your claim and give you a fair idea of the true value of your claim.

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How to Recover Compensation When a Hit and Run Driver Cannot Be Found

 

 

Although leaving the scene of an accident is a crime in most jurisdictions, hit and run crashes are all too common. According to research from the AAA Foundation for Traffic Safety, since 2006 there has been an average of 682,000 hit and run accidents in the United States each year. Sometimes negligent motorists can be found, but what happens if you are the victim of a hit and run driver who can’t be tracked-down? A car accident lawyer can help you figure out your options, which may include recovering compensation for your injuries and property damage from your own auto insurance policy.

Ways to Recover Compensation after a Hit and Run

There are several ways you may be able to recover compensation for your medical bills, damage to your vehicle, and other losses. The best personal injury lawyers recommend that drivers carry more than the minimum Uninsured Motorist/Underinsured Motorist (UI/M) coverage as part of their auto insurance policy. In addition, you should always carry adequate amounts of Personal Injury Protection (PIP) insurance as well. Although these add-ons are required in some states, purchasing the minimum amount of coverage required may not even cover all your medical bills, let alone repairs and other accident-related expenses. Paying a few more dollars a month for your car insurance is well worth the cost.

However, just because you have insurance doesn’t mean that you’ll automatically be covered. You must show proof of the accident and your damages, so it is critical to call police after a hit and run crash. They may be able to find the negligent driver and a police report providing valuable documentation that gives proof of what happened. It is also important to keep all medical bills, receipts and any other evidence that may back up your claim for damages.

If you don’t have insurance coverage or your insurer denies your claim, check and see if your state has a victim’s fund to help cover costs. Your health insurance may also pay for all or a portion of accident-related medical bills.

How a Car Accident Attorney Can Help

Unfortunately, insurance companies are in the business of making money and their top priority is the bottom line. Even if you provide proof of the accident and your damages, an insurer may try to minimize or deny your claim. An experienced accident or injury lawyer can evaluate your case and review your auto insurance policy to determine exactly which accident-related damages you may be entitled to receive. In addition to conducting an investigation to try and find a hit and run driver, your lawyer will handle negotiations with your insurer and fight to help you recover the maximum compensation you need and deserve to protect your health and financial security.

If you or a loved one has been the victim of a hit and run driver, you don’t have to go it alone. Contact an accident attorney to schedule a free case evaluation and find out your options for recovery.

This blog was originally posted on https://www.pa4law.com/how-to-recover-compensation-when-a-hit-and-run-driver-cannot-be-found/

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Personal Injury Terminology That You Should Know

 

 

When you or a loved one suffers an injury due to someone else’s negligence, understanding the personal injury claims process is vital. Although the best accident attorneys will guide you through your claim from start to finish, knowing basic legal terminology can be helpful.

Plaintiff – The plaintiff is the party who brings a civil lawsuit against an individual or entity in a personal injury claim. The injured victim is typically the plaintiff in a personal injury case.

Defendant – The defendant is the at-fault party or entity that the plaintiff is suing. In some personal injury cases, there may be more than one defendant.

Tort –Personal injury and wrongful death claims are based on tort law. A tort is a negligent or wrongful act that causes harm to another person. An intentional tort typically involves a deliberate act that causes injury, such as assault.

Duty of care – In certain situations, a person or entity has an obligation to protect themselves and others from harm. For example, a supermarket has a duty of care to keep the entrance free of ice, snow, debris, and other hazards that could cause someone to trip, slip or fall. In medical malpractice cases, the duty of care is often known as the standard of care, which means a medical professional’s conduct is compared to the accepted standard for their specialty or industry.

Negligence – Negligence is a vital element of most personal injury claims, negligence and occurs when a party or entity fails to take proper care. To successfully recover compensation in a personal injury lawsuit, you must prove negligence, which can be challenging. Experienced accident injury lawyers know how to prove all four elements of negligence:

- That the defendant owed a duty of care to the plaintiff;

- That the defendant failed to meet that duty;

- That the defendant’s failure caused harm to the plaintiff; and

- That the plaintiff suffered injury, damages, or losses as a result.

Damages – There are two basic types of damages in personal injury cases. Damages are meant to “make the plaintiff whole,” or return them to the state they were in before an accident or injury. Economic damages are quantifiable and include medical bills, wage loss, property damage, and other accident-related expenses. It is more difficult to put a dollar amount on non-economic damages like pain and suffering, loss of enjoyment of life and emotional distress.

In rare cases, a court may award punitive damages, which are not meant to make a plaintiff whole, but to punish the defendant for particularly outrageous or egregious conduct and deter them and others from committing similar acts.

Statute of limitations – Each state places a time limit on how long a plaintiff has to file a personal injury claim or lawsuit. Although they vary from state to state, typically statutes of limitations for personal injury claims range from two to four years from the date of the injury.

This is by no means a comprehensive list of terms that are useful to know when filing a personal injury claim. To learn more about personal injury terminology, contact an injury lawyer.

This blog was originally posted on https://www.pa4law.com/personal-injury-terminology-that-you-should-know/

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