FAQ's: Your Questions Answered
State deadlines are last-chance opportunities. Time is not on your side when deciding to file a medical malpractice suit. The best thing that you can do is speak to an attorney who understands the complexities of Florida law. Here are 8 reasons why you should quickly consult with a medical malpractice attorney regarding your case:
1.The longer you wait, the better chance that your case can be dismissed. In most states, if you go even one day over the deadline, you are out of luck. Some states will grant continuances for good reason but it is risky to rely on this.
2. It gives your attorneys adequate time to investigate your case fully. In a Utah case, a woman suffered a surgical injury that damaged the sciatic nerve that runs down the back of the leg. By the time she hired an attorney and filed a lawsuit against the surgeon, it was too late. Months later the lawyer got the hospital records and learned that a hospital employee was to blame, and there was no case against the surgeon. The statute of limitations had passed and the plaintiff walked away empty-handed.
3. In some states, you cannot obtain all the facts and medical records, such as x-rays and doctor’s office records, until you file your lawsuit. Obtaining documents and evidence takes time and will not happen overnight. It is imperative to act quickly to avoid losing your claim due to a statute of limitations.
4. For the most part, insurance companies are only concerned with cases that have been filed. They view filed claims as much more legitimate and serious and are therefore much more likely to settle. If you want to get an insurance company’s attention, file a suit!
5. It allows you plenty of time to find the medical expert witness or dental expert witness you need.
6. The more time goes by, the weaker your claim becomes. In most cases, memories fade, witnesses move, and essential documentation and evidence may be lost or destroyed. Witness statements made immediately after the injury prove to be far more valuable than statements made years later.
7. The truth is that the damage is visibly the worst following an accident. People are far more likely to take cases seriously with more recent injuries, pain, and disabilities. The passage of time will always be against you winning your case as your injuries and damages will have less impact on a jury over time.
8. Many medical malpractice cases and dental malpractice cases never go to trial. They are instead settled. Settlement negotiations can take a long time and if you wait to file your lawsuit until after the settlement negotiations, your payment could be delayed. File your lawsuit before your attorney begins negotiating with defense lawyers and the case will be in the pipeline. Your attorney can then engage in settlement negotiations, without delaying the trial if negotiations break down.
If your child was injured during or before birth as the result of a surgery, medication, or other medical treatment and you believe the injury may have been the product of medical negligence, you need to immediately speak with a medical malpractice attorney. You need experienced and aggressive attorneys like Dan Newlin Injury Attorneys. We will help you get everything to which you may be entitled. Call us at 800-257-1822 for a free consultation!