Maximizing Your Compensation In A Florida Medical Malpractice Case
When you visit a doctor, the last thing you expect is to be injured by them. Unfortunately, medical malpractice injuries happen quite a lot. Medical malpractice injuries can result from medication errors, misdiagnoses, incorrect treatment, and many others. If you suffer injuries from a medical professional, you may suffer many damages, including medical expenses, lost wages, and pain and suffering. Fortunately, Florida law allows medical malpractice victims to recover compensation from at-fault parties. If you suffered injuries because of a doctor in Florida, you might be eligible to claim compensation for damages such as medical expenses, lost wages, and pain and suffering. Depending on the specifics of your case, on top of recovering compensatory damages, you may also be eligible to recover punitive damages.
Just as with any other type of personal injury case, you have control over some factors that can influence the value of your medical malpractice case. This means you can take steps to maximize your compensation in a medical malpractice case. If you recently suffered an injury because of a medical professional’s negligence, the following are some things you can do to maximize your compensation in your medical malpractice case.
Seek Prompt Medical Treatment
First, if you fail to seek prompt medical treatment after suffering an injury because of a doctor’s negligence, they might argue that your injury is not as severe as you claim. Secondly, you are required by law to mitigate damages after suffering an injury because of a medical professional’s negligence. If you do not seek prompt medical treatment after suffering an injury because of a medical professional’s negligence, they might argue you made your situation worse. They might argue you do not deserve the compensation you are asking for. The law prohibits injured parties from recovering damages that could have been avoided through reasonable efforts.
Hire a Medical Malpractice Attorney
To recover compensation in a Florida medical malpractice case, you must prove negligence on the part of the defendant. A qualified medical malpractice attorney can help you prove negligence. Additionally, a medical malpractice attorney understands the damages you are entitled to and can help prove them and calculate their value.
Gather Evidence
As the plaintiff in a medical malpractice case, the burden of proof lies on you. Gathering evidence can help you build a strong case and increase your chances of recovering the maximum possible amount of compensation. The following are some important pieces of evidence in a medical malpractice case;
- Medical records
- Doctors’ notes
- Lab reports
- Discharge papers
- Medication administration records
- Nurses’ notes
- Prescriptions records
Fortunately, a medical malpractice attorney can help you gather the evidence you need to strengthen your case and increase your chances of recovering the compensation you deserve. An attorney can help you gather evidence that can help you prove;
- a doctor-patient relationship existed
- the doctor acted negligently
- the doctor’s negligence caused your injury
File Your Claim as Soon as Possible
All civil lawsuits, including medical malpractice claims, have time limits for when they should be filed. If you wait to file a medical malpractice claim, you might end up filing your claim after the time limit has expired. It might mean you can’t recover compensation for your injury and damages if that happens. In Florida, you generally have two years to file a medical malpractice claim.
Apart from needing to file a claim as soon as possible so you can avoid running out of time to file your claim, you need to file your claim as soon as possible to avoid evidence getting destroyed or altered.
Avoid Accepting the First Settlement Offer You Receive From the Insurance Company
After you file your medical malpractice claim, the liability insurance company of the doctor who injured you will most likely make you a quick settlement offer. It would be best if you weren’t too quick in accepting this offer. The first settlement offer from an at-fault party’s insurance company is usually low. Usually, insurance companies give plaintiffs quick and low first settlement offers with the hope that desperation will make them take the offer. If an insurance company makes you a quick settlement offer, ensure you consult your attorney.
Be Honest About the Extent of Your Injury
Whether you are handling your medical malpractice case outside of court or in court, you need to be honest about the severity of your injury. If it is determined that you lied about the extent of your injury, you will lose your credibility, which will mean recovering less or no compensation.
Contact a Medical Malpractice Attorney at The Law Offices of Marc L. Shapiro
To schedule a consultation with a Naples personal injury attorney at The Law Offices of Marc L. Shapiro, call 239-329-8577 or fill out this online contact form.
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