Victims of medical injuries are, by law, allowed to submit a medical injury claim. The medical injury claim represents the victim’s potential right to recover financial damages (also known as settlement or compensation) for their losses.
Losses due to medical malpractice and negligence can often affect the victim’s quality of life, ability, earning power, and more. Common losses that can be recovered include medical bills, pain and suffering, loss of consortium, loss of income or loss of future earning ability, and more.
Filing a claim is an essential step toward recovering the damages suffered. The claim is often brought against one or more persons (known as the at-fault parties) responsible for the injury or damages. In a medical malpractice or medical injury claim, at-fault parties may be one or a combination of stakeholders like the hospital or medical facility, doctor, nurses, emergency room staff, and others.
The claim often contains a careful consideration of the victim’s losses (in monetary terms) and is either submitted to the at-fault party’s insurance provider or to the court.
Primarily, such claims are first submitted as legal demands to the at-fault party’s insurance provider. This allows for the insurance provider to call for negotiation and settle the case out of court. However, if the negotiation breaks down or ends in a deadlock, the victim can proceed to file the case in court to redress the matter.
Once filed in court, a trial process begins, and the claim becomes a court case.
How The Process Works
There are many important steps involved between when a medical malpractice victim consults with their attorney and when the case is finalized. One of the most important factors is the victim’s access to treatment and where they are in terms of recovery.
Victims first need to complete their medical treatment to initiate the claim process. Once treatment has been completed or the victim has reached the highest peak of recovery, a demand letter is prepared and sent to the at-fault party. The at-fault party may choose to honor the demand letter (whether by paying or negotiating) or may disregard it. In the case of the latter decision, the attorney approaches the court to file the case.
Opening a Claim
To initiate the claim process, injury victims (with their attorney) will be required to open a claim with their insurance provider and the at-fault party’s insurance provider. The claim registers that the victim has been hurt or has suffered damages due to the other party’s negligence or breach of duty.
Complete Medical Treatment
Medical treatment is an important part of the claims process. Victims are required to fully follow medical instructions to improve their chances of recuperation and recovery.
Once the medical treatment has been completed or the victim has reached their maximum medical improvement stage, they can then take steps to recover their damages.
Please note that waiting to reach maximum medical improvement doesn’t mean there wouldn’t be underground processes ongoing by the medical malpractice lawyer. In fact, this period is a great time for the lawyers to gather evidence to further support the claim.
Demand Package Submission
Your medical malpractice lawyer will help you prepare and package a demand letter detailing your story, your losses, and the financial implication of such losses you’ve suffered. The demand package will be presented to the jury during the trial proceeding.
Please note that the demand package will contain relevant information and documents, including evidence of injury, medical records, estimation of losses, and more.
Claim Settlement
Most personal injury cases often end in an out-of-court settlement. This approach is often quicker and allows both parties to reach a common ground. However, not all cases end at this stage, especially when both parties are unable to agree on the right amount.
If your case ends in a deadlock here, proceeding to trial is a great way to bring the insurance company to book. Your lawyer will need to prepare all the important documents and ensure that your case is meticulously defended in court.
Compromise of Liens
Liens may be voluntarily or involuntarily imposed against recovery actions that may be initiated against the victim during the pendency of their claim. This is done to halt any collection efforts by creditors who may be owed due to the injuries or damages suffered by the victim.
Your attorney will discuss these liens with you as well as how to lift them at the end of your case.
Statute of Limitations
The statute of limitations is the official expiry date of personal injury cases. The time allowed varies on a case-by-case basis and from state to state. This statute aims to preserve evidence to be used in proving cases in court. Victims must ensure that their cases are filed before such statute expires.
Mandatory Arbitration
Medical lawsuits are often addressed through mandatory arbitration, which is often faster and final. Once decided, both parties are bound to agree to the case outcome and honor it.
Are you filing a medical claim? We’re confident this guide will help you navigate the process.
