If you have come to this page, you may have some questions about medical malpractice cases. After being injured due to hospital negligence, it is natural to wonder about receiving compensation, hiring an attorney, and how long the entire process may take. Contact Austin medical malpractice lawyer Daniel R. Smith to schedule a free consultation and discuss the facts of your case.
Questions About Medical Malpractice Cases | How Long Will It Take?
When asking, “How long will my case take to resolve?” understand that, early on, there is no crystal clear answer. The first thing we have to know is the extent of your injuries, and we don’t know the extent of your injuries until you’re done with your medical treatment. If we submit a demand prematurely, we run the risk of missing something. If that’s the case, you’re not going to be fairly compensated. After you are done with your medical treatment, we submit that demand. The insurance company has a few weeks to respond. If they respond with a number and it’s something we can work with, we negotiate with them. If it’s not a number we can work with, then we file a lawsuit.
After we file a lawsuit, we have to serve the defendants. Normally, serving the defendants isn’t an issue. After defendants have been served, they have 30 days to respond. Once they respond, they almost always hire an attorney, and we immediately contact that attorney and try to get a trial date, and then there’s an end in sight.
Questions About Medical Malpractice Cases | How Much Compensation Am I Eligible For?
Unfortunately, that’s a difficult question to answer. Medical malpractice claims are unique in Texas. There’s a limit for compensation. You can only receive up to $250,000 in pain and suffering, so you can’t receive more than that. Also, you can receive compensation for all your past medical bills, as well as any future medical expenses that you may have. Additionally, you may receive compensation for future lost wages and past lost wages.
Questions About Medical Malpractice Cases | Will It Go to Trial?
The answer to that is unclear. Most cases don’t go to trial. I can assure you that you will always be able to make the decision on whether or not to take a settlement offer or not. My role is to advise on whether that offer is fair. As the client, you get to make the decision on whether or not to accept the offer. In the off chance that we do go to trial, I can also assure you that you will always be very well-prepared. Trial is an opportunity for you to tell your story about what happened, and there’s nothing to worry about.
Were you or a loved one seriously injured from hospital negligence? Contact our experienced Austin medical malpractice attorney at The Law Office of Daniel R. Smith today for a free consultation and case evaluation. Let our experience work for you.