Tips for Maximizing Your Compensation in a Malpractice Case
. By LAS Staff Writer
Hiring a medical malpractice lawyer, seeking timely medical care, and valuing your claim correctly can help maximize your settlement in a malpractice case.
Santa Clara, CAMedical malpractice happens when a healthcare expert, via omission or negligent act, injures or causes harm to patients. If you suffer any harm or are injured because of a healthcare professional’s negligence, you’re entitled to compensation. However, your settlement amount primarily depends on how you handle your medical malpractice lawsuit. Discussed below are four tips for maximizing your compensation in a malpractice case.
Hire a medical malpractice lawyer
Medical malpractice cases are more complex than other personal injury lawsuits. They’re hard to win, expensive to prepare and go to trial, and usually take time to conclude. This is where a medical malpractice lawyer comes in. A skilled and experienced attorney like those from Garland, Samuel & Loeb knows how to prove medical negligence and understands the complexities of malpractice law, which is key when seeking to maximize your settlement.
Without an attorney, the insurance adjusters can offer you less compensation than you deserve to save the insurer some money. A medical malpractice lawyer ensures you don’t accept a lower compensation than you deserve by skillfully negotiating with the insurance company on your behalf. They can also help:
Value your medical malpractice claim accurately
Collect the necessary proof to support your case
Avoid the risk of self-representation, which can compromise your settlement
Seek timely medical care
If you’ve been injured or suffered any harm following medical negligence or malpractice, seeking timely medical care should be a priority. Delaying medical care following medical negligence can undermine your malpractice claim. Failure to seek timely medical treatment leads to the opposing legal team and insurance company arguing that your injuries were due to an unrelated occurrence or weren’t as severe.
Getting prompt medical assistance ensures proper diagnosis and treatment of your injuries. It also helps create a vital record of your medical condition that you can use to establish the value of your malpractice claim. Proving the severity of your injuries or illness and securing the settlement you deserve becomes more challenging without proper documentation.
Gather sufficient, relevant evidence
Proving medical negligence and maximizing malpractice compensation requires strong, relevant evidence. Knowing the proof you need can help your lawyer build a solid medical malpractice case to maximize your compensation. The evidence you need to support your lawsuit includes the following:
Your medical records: They document your symptoms, diagnosis, plus the recommended treatment. Your medical records should show that your healthcare provider explained the treatment’s risks, possible side effects, the possibility of success, and substitute treatments so you make informed decisions.
A record of the harm you suffered: Take photos and videos of the harm you suffered due to medical negligence.
Medical bills: Document the medical expenses you incurred due to malpractice injuries.
Expert testimony: Get the testimony of an expert who can determine the standard of care in your malpractice lawsuit and how your doctor failed to meet it.
Determine the accurate value of your medical malpractice claim
Valuing your malpractice claim accurately is key to getting maximum compensation. The value differs from one claim to another based on:
Your attorney can help ensure your claim is comprehensively valued for optimal settlement.
Endnote
If you suffer harm due to medical negligence, you’re entitled to compensation. Hiring a medical malpractice lawyer, seeking timely medical care, and valuing your claim correctly can help maximize your settlement in a malpractice case.
If you or a loved one have suffered losses in a similar case, please click the link below and your complaint will be sent to a malpractice lawyer who may evaluate your claim at no cost or obligation.