Personal injury lawyers file medical malpractice lawsuits on behalf of their clients who have suffered a wrongful death or serious and long-term damage from the negligence of a medical professional. A medical malpractice lawsuit is designed to recover damages for wrongful death; loss of love, affection and companionship; pain and suffering; lost wages and disability. The lawsuit is also a way to hold the negligent medical provider responsible for their action or inaction.
A medical malpractice lawsuit should be pursued as soon as possible because all personal injury lawsuits have a statute of limitations. A statute of limitations means that you have a set amount of time from the date of the injury to file a claim or the case will no longer be accepted. In Washington State the statute of limitations is three years.
Depending on the severity of the injury, medical expenses can be very costly. The type of injury will affect the damages awarded in a medical malpractice lawsuit. Some examples include:
Damages for wrongful death include:
Note that punitive damages are not available to victims of medical malpractice in Washington State.
A medical malpractice lawyer expects the defendant to hire a defense attorney who will vigorously attempt to reduce or eliminate a medical professional’s culpability in the injury. A good medical malpractice attorney acts as an experienced and professional adversary who will overcome the common tactics used by defense lawyers. He will interview and retain witnesses, investigate and research issues and gather supporting documents.
The following four elements must be proved for a successful medical malpractice claim:
A personal injury attorney can determine whether your case has the four elements required for a successful medical negligence claim. In addition, they can help you identify the damages involved in your case and what each of them is worth to give you a total valuation for a reasonable settlement.
A medical malpractice lawyer starts building a personal injury case by gathering all relevant documents and evidence required for a successful outcome. He or she will interview all witnesses, retain expert witnesses and may schedule medical evaluations of your injury to gather independent medical opinions.
After the information has been gathered and expert witness interviews have been conducted:
Patience is required for a medical malpractice lawsuit. In some cases attorneys are able to work out a settlement without going to trial but it can take several months or years to come to an agreement. A settlement is, however, the more desirable solution because a trial typically takes even longer, costs more and there is a chance that the other party will appeal the decision.
If you or a loved one is dealing with an accident or injury caused by the negligence of a medical professional, you have enough on your plate. Let an experienced medical malpractice attorney fight for the full compensation that you deserve. It is not uncommon to receive a settlement from the insurance company that is five to ten times bigger with the help of a lawyer. Contact the caring, tenacious medical malpractice lawyers at Tario & Associates, P.S. in Bellingham, WA today for a FREE consultation! We have been representing residents of Whatcom County, Skagit County and surrounding areas since 1979. You will pay nothing up front and no attorney fees at all unless we recover damages for you!