Malpractice Awards: Is There a Limit to Possible Winnings?
When injured as a result of medical malpractice, most people seek legal representation to protect their rights and sue for damages. While this is the right thing to do, many people fail to ask some very important questions about malpractice cases.
To understand your rights as the victim of medical malpractice, you will need to ask your attorney the following questions. While each has a generalized answer listed, most of these answers to these questions are regulated by state laws, making it impossible to provide one exact answer.
Questions And Answers About Lesser Known Medical Malpractice Claims Facts
• Is There A Limit On Amount?
Depending on where you reside, there may be limits set for how much you can sue for in damages. Also, most injures have guidelines for the amount of damages they can seek, although this is not set in law. For example, an injury that causes disfiguration or loss will receive a much higher settlement than one where the injured party fully recovered. It should also be noted that the Judge may not accept outrageously high settlement requests because the Court feels it would set a bad precedent.
• What About Later Complications?
In most instances, once you accept a settlement from the insurance company, they are relieved of any further medical or financial obligations to you in regards to this case. If there is a potential for a complication down the road, your attorney may ask for continued medical care as part of the settlement offer. However, this is subject to local laws and court findings.
• When Do They Have To Pay?
Once a settlement agreement has been made, most insurance companies pay within a 30 day period. If it is a large settlement, they may request additional time from the Court if they can show cause that the payment will place their business in harm. If the insurance company does pay within that 30 day time frame, you can expect to receive your payment within 60 days. The law firm must make sure that all accounts surrounding your case have been paid before issuing you a final payment.
When you go to an attorney to file a medical malpractice claim, it is very easy to forget to ask some of these questions. You are undoubtedly in pain and frustrated by these events, and this usually causes many questions to be forgotten. However, this does not mean you cannot ask them at a later time.
Once your case begins, you will interact with your attorney on several occasions. During one of these interactions, take the time to ask these important questions so that you can receive correct answers based on your local laws. Your attorney will be pleased to discuss these issues with you early in the case to avoid any misconceptions at the end of the case. Remember, being well-informed is always your best option.
In the last two years, Melanie has undergone two surgeries. She agrees with Price Benowitz LLP, a Maryland based attorney firm that can be found at http://medicalmalpractice.maryland-injury-lawyer.com , when they say that many mistakes made by doctors and physicians are completely preventable and that doctors and patients should have open dialogue. A lack of communication can lead to dangerous consequences in the operating room.
Photo Credit: http://www.flickr.com/photos/drkapoorbeverlyhills/5039820974/
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