8 Easy steps on making a negligence claim
When you make a claim for medical negligence, the entire process may seem frightening and you may not know where to begin. However, when you have a great lawyer for negligence, they will know how to provide the best support by taking you through the entire claim process. Your legal team will also be able to keep the process simple and decrease the stress you feel because of it.
A lawyer for negligence claims will have the needed experience to get you the most for your claim and will likely lead to a successful case.
Once your negligence lawyer takes on your case, they should be doing everything possible for you. They should provide compassion advocacy and ensure that you are aware of the options available to you.
What the Negligence Claim Process Involves
The medical negligence claim process involves many steps to take in order for you to get the compensation you deserve. Below are the eight steps in making a negligence claim.
1. Contacting an Attorney
As you meet with an attorney, they will sit down with you and discuss your case. You will need to answer basic questions that pertain to your claim, such as the circumstances leading up to the negligence. Once the basics are obtained, your attorney will determine if you have a valid case. If your case is valid, then they will gather more evidence to support your case.
2. Gathering More Supporting Evidence
The next step is to gather more supporting evidence for your negligence case. This will require you to obtain statements from witnesses, get copies of medical records, and obtain expert reports regarding the injuries.
3. Sending Notification to The Medical Practitioner
When a notification is sent to the medical provider, they are being told that you are making a negligence claim against them. This notification also allows them to respond to the claim before it is taken further.
4. Presenting the Negligence Claim
When you present the negligence claim to the medical provider, you are telling them exactly what the detailed facts are. This includes the error committed and how it negatively impacts your health and the amount of compensation it is worth.
5. Receiving a Reply
The complexity of your negligence case may determine the amount of time the provider has to reply to the claim. The reply will either be an admission of negligence or a denial. If they admit to being negligent, then they may settle out of court. But if they deny any negligence, then you can expect a court date to come next.
6. Filing the Claim in Court
When you end up filing your claim in court, it is a clear indicator that the medical provider has denied any negligence. If that is the case, then court proceedings will begin. This will include drafting and submitting all court papers and evidence to the court. Once the medical provider is notified of the court filing, they will need to respond within 28 days of being notified.
Afterward, a hearing will be scheduled at least a year and a half from the time a response is made. It is important to remember that settlement offers may be presented to you before the hearing. If you receive an offer, it is important to take it into consideration prior to rejecting it and moving forward with the hearing.
7. Receiving a Settlement Offer
As you are waiting for the hearing, negotiations will take place between your legal team and the medical provider in order to come to a fair settlement. Most of the time, you will have success with the negotiations and thus have no need for a hearing.
8. Attending the Hearing
When settlement negotiations fail, a hearing will be needed to have a judge decide on the case. You need to ensure that your attorney is experienced with negligence cases. Having experience will allow your attorney to achieve the highest amount of success.
Affording to make a Claim
When you want to make a claim but think that you will not be able to afford it, then you should talk to your attorney about the options you have. Your attorney may be able to set up a way where your attorney fees get deducted from the compensation you receive.
No Payment if you Lose
Another option that your attorney may offer includes you not making any payment if you lose your case. If this is the case, then you will know that your attorney will do their best to get the compensation you deserve.
Statute of Limitations
The statute of limitation for filing a negligence claim is 3 years. This is a good thing because you have plenty of time to gather evidence, witnesses, and file your claim. Although this is the normal time frame, there may be other situations that will determine the amount of time you have.
Having a delay in filing may occur if your injury was noticed after the fact. It may also happen if another medical doctor provides an examination. When this happens, the statute of limitation will take effect as soon as the injury is noticed.
When a child obtains negligence damage and they are under the age of 18, then the limitation will only begin after turning 18. So they will need to file before they reach the age of 21 to file a negligence claim in court.
When a mental capacity is involved with negligence that does not enable the individual to make a sound claim, then there is no statute of limitation set in place for a third-party to file their claim.
As soon as mental capacity is regained, then the limit will begin from the time that capacity has been regained.
Get A Hold Of a Lawyer for Negligence Today
When you get a hold of an attorney today, they will provide the needed help so that you obtain the most compensation. If you are in search of an attorney, then you should be in touch with us today.