Medical malpractice is a broad, umbrella term that really means treatment which falls below the acceptable standard of care. Such negligence can occur at any stage of the doctor-patient relationship. And, since the legal standard is so high in these cases, the damages in these claims are often substantial.
Due to the inherent complexities in these cases, it’s very important to partner with a professional as soon as possible. For those who don’t know where to look, https://tittlelawfirm.com/lawsuits/medical-malpractice/ is an excellent place to start.
Statute of Limitations of Medical Malpractice
In most negligence cases, victims have two years to file legal damage claims. But in most Ohio medical malpractice claims, the statute of limitations is only one year. Courts usually never allow late claims under any circumstances. If your claim is filed even one day after the brief statute of limitations expires, you may be unable to pursue it in court.
The Six-Month Head Start
As examined below, large insurance companies do not need an unfair advantage over medical malpractice victims. But Ohio lawmakers gave these companies just such an edge. Before filing a claim, victims must serve written notice on the potential defendant and then wait 180 days. Insurance company lawyers spend this time diligently preparing their defence. They also pressure victims to settle their cases in this period. The head start makes an experienced attorney even more important.
The Defendant’s Identity
In a medical malpractice case, the negligent doctor is hardly ever the defendant in court. Instead, for all intents and purposes, the defendant is a large insurance company. This company has almost unlimited resources with which to fight your claim. Without a very good attorney, it’s almost impossible to get a fair deal during pretrial settlement negotiations or win the trial itself.
Assessing Your Case’s Settlement Value
Lawyers understand all the facts that go into a case’s monetary value. That not only includes the facts in the case, but also things like jury composition, the judge’s attitude, success or failure in pretrial motions, and the insurance company’s attitude. No one else but an attorney can consider all these things, value your case accordingly, at fight for that value.
Being left in the dark is a very frustrating experience. Typically, that means the other person does not value your input or think you have anything to contribute. A true medical malpractice professional does more than notify you of upcoming court dates or deposition appointments. A top lawyer keeps you informed as to all the developments, or lack of developments, in your case. Furthermore, a Cleveland medical malpractice lawyer values your input on things like case management and litigation strategy.
Peace of Mind
Because of the open communication and legal experience that the attorney has, medical malpractice victims have peace of mind about the whole situation. They know that their lawyers are fighting hard for the compensation they deserve. So, they only need to focus on recovering from their injuries.
A partnership with an experienced Cleveland medical malpractice lawyer does not guarantee success. But neglecting to do so almost always guarantees failure.
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