In order for you to win a medical malpractice claim, your lawyer is going to have to establish to a jury that your doctor breached their duties to you.
This will involve getting the right resources together so that the lawyer can successfully argue your claim and so that the jury will understand how you were wronged and why that wrong ascends to the level of malpractice. There are several things that a lawyer will have to do to get started.
- Consult with you-this is usually free
- Get detailed information about your claim
- Get expert opinions
- Help you decide upon an amount to seek in damages
You cannot sue unless you come up with a figure that you’re going to seek in court. This is something that the lawyer will help you with. It will take into account how much the malpractice has cost you so far, how much it’s going to cost you in the future, and how much pain and suffering you’ve endured.
The lawyer will also have to take into account that Texas has limitations on damages and how that’s going to factor into your case. These limitations, which were billed as being ways of lowering healthcare costs for everyone, have failed to do so according to several sources. They have, however, put some protections in place that limit a plaintiff’s right to seek damages.
There are also very strict requirements for how the case is presented, so your attorney has to be top-notch to make sure you have the best chances of winning. Medical malpractice lawyers need to be very skilled at what they do these days to make sure their clients have the best chances of winning their claims.
You don’t have long to contact a lawyer. You have only 2 years to file one of these claims and, unfortunately, that time limit starts counting down from the time that you were rendered the poor treatment, not at the point that you discovered the damage.
While you technically have two years to file a lawsuit, most attorneys will not be able to help you if too much time has passed. Make sure you talk to an attorney right away, even if you haven’t decided that you’re going to press forward with a lawsuit yet. They can give you an idea of how long you have to wait before you do and make sure that you have the best chances possible of winning your claim in court. You may not have to pay upfront legal fees to get an excellent malpractice attorney working for you.