Getting your medical malpractice case ready to go to court can seem like an overwhelming task at first, especially if you’ve never been involved in litigation before. If you’re not sure what questions to ask your solicitor about getting started, check out this list of ten questions that you should definitely make sure you know the answers to before hiring any medical-legal representation on your behalf.
Can I claim compensation?
In theory, if a doctor, nurse or other healthcare professional has made a serious error and you have suffered as a result, you should be able to claim compensation. However, in practice it’s not always that simple.
There are all sorts of questions you need to ask yourself before making such an important decision—and your medical solicitor will advise on exactly what you can expect from your claim and who is responsible for what proportion of costs incurred.
Am I entitled to damages?
When an injury occurs, you have a legal right to damages. The amount of damages that you are entitled to will depend on a number of factors including: how much pain and suffering you experienced; what your out-of-pocket expenses were for medical bills, rehabilitation services, medications, etc.; and if there is any long-term damage or permanent disability. A good solicitor will explain your rights in detail and give you an idea of what kind of compensation may be available to you.
Who will pay my medical bills?
Before signing on with a medical solicitor, you’ll want to know what happens in case of an emergency. A reputable company will be able to tell you exactly how your accident and health insurance will work; they may also offer a direct line to your insurance representative if something comes up during treatment.
How will the compensation affect me financially?
Regardless of whether you win or lose, it’s important to understand how legal action will affect your lifestyle and other financial obligations. If you lose, you could face substantial court costs. By asking about these issues up front, you can avoid potential surprises later on.
What happens if I don’t get a settlement?
If you don’t get a settlement in your case, your medical solicitor may be able to help you appeal for free. If that doesn’t work or you decide not to go ahead with an appeal, they can help you apply for Legal Aid.
In some cases where there is no chance of winning a compensation case, an experienced medical lawyer will look at any paperwork involved and recommend if it would be more beneficial going down another route such as small claims court.
Do I need legal representation?
A medical solicitor will work with you and your family to help prevent problems that could arise during your NHS treatment. Before you begin, it’s important to know whether or not you need a legal representative. Here are ten questions to ask yourself when trying to figure out if you need legal representation.
How does personal injury law work in court?
When you have been injured, you will have to make a complaint against those who are responsible for your accident. However, many people do not know how personal injury law works in court.
It is important that if you want to claim compensation for pain and suffering and other related expenses, then you should know about how personal injury law works in court. This information can help you understand everything that happens during your case and assist you in winning more money from the court.
How do I get compensated for pain and suffering?
The biggest question we are asked is how much money can I expect to receive. The answer is, it varies. Compensatory damages are meant to put you in approximately the same position as if your injury never happened.
Commonly awarded damages include pain and suffering, disfigurement and scarring (called disfigurement), loss of enjoyment of life, medical expenses (past, present, and future), and loss of income or earning capacity. This list is not exhaustive.
Will I be able to claim compensation from more than one person?
Before you begin your journey to file a personal injury claim, it’s imperative that you understand some basic things about how personal injury claims work.
For example, did you know that if someone else is responsible for your injuries and has more than one insurance company, or multiple assets (like a home or business), you may be able to pursue compensation from each of them? Be sure to ask your solicitor about other potential sources of compensation.
Do personal injury solicitors charge any fees upfront?
The short answer is yes, but don’t be alarmed. You’ll never have to pay a penny until your claim has been settled and you receive a settlement offer. Sometimes solicitors will deduct their fee from your settlement; other times, they’ll add it to it.
However, it works out, keep in mind that personal injury lawyers work on contingency—which means they don’t get paid unless you do.