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Mistakes to Avoid When Filing Medical Malpractice Claims

April 22, 2024 Pegalis Law Group

Common Mistakes to Avoid When Filing Medical Malpractice Claims

Medical malpractice claims are filed all the time, but most have no idea what to do and what not to do until it happens to them. Mistakes can hurt your case and prevent you from receiving the compensation you deserve for your pain and suffering. It’s essential to have an experienced personal injury and medical malpractice law firm like Pegalis Law Group, LLC by your side. Learn how our law firm can help you avoid common mistakes when filing medical malpractice claims.

Mistake #1: Missing Your State’s Statute of Limitations

A statute of limitations is the amount of time you can file a claim if you or a loved one has been injured or killed due to medical negligence. Every state has different statutes of limitations for filing claims. If you miss this window, you may be unable to seek compensation. Some states also have compensation caps that can affect how much compensation you may receive. An experienced medical malpractice law firm knows what laws are applicable in your state to ensure you meet all the requirements before filing.

Mistake #2: Not Keeping Thorough Medical Records

Personal injury and medical malpractice lawsuits require detailed proof of negligent medical care. If you didn’t keep thorough records while being treated, an adept lawyer can help you obtain the necessary documentation, including lab results, x-rays, and more. Medical malpractice lawyers know what to look for and where to find it. They also consult with expert witnesses who are necessary to support your case.

Mistake #3: Not Being Prepared for Settlements

One mistake you hear about often is people not being prepared for settlement negotiations or settling too early. You need to know your rights and be aware of the value of your case to ensure you receive just compensation. Never speak to an insurance company representative or the defendant’s counsel without a lawyer present. Many tend to “overshare information” with the opposing party, which can minimize their claim. Settling out of court or too early is not always in your best interest. A skilled attorney will ensure you don’t settle for something less than what you’re entitled in regard to your injuries and damages.

Mistake #4: Not Foreseeing Potential Problems

Unless you know the law, it can be difficult to gauge the strength of your claim. How well will it hold up in court? Can the defendant file a counterclaim stating your actions or negligence contributed to the injury? Did you fail to follow your doctor’s instructions after seeking treatment? There’s no guarantee your case will be successful, but there are steps that can be taken to ensure the chances for a better outcome. Our attorneys will review the facts and evidence and help you identify case strengths and weaknesses that could be used against you.

Mistake #5: Not Hiring an Experienced Law Firm

You have hundreds of local personal injury attorneys to choose from, but not everyone is equal. Not all medical malpractice law firms have the same level of experience or specialty areas. Ensure the law firm you hire to represent you is familiar with the relevant area of medical treatment involved in your care. Do they know how to negotiate with the insurance companies? Have they been successful with similar cases in the past?

Representing NY Medical Malpractice Clients for 50+ Years

Pegalis Law Group, LLC has 50+ years of experience representing personal injury and medical malpractice clients in the New York area. Receive additional insights about being a proactive client or patient by visiting our website and following us on YouTube, Twitter, Facebook, and LinkedIn this year.