Tips For Maximizing Your Compensation In Your Atlanta Medical Malpractice Case
If you are harmed by the negligence of a doctor, hospital or other healthcare provider, you are entitled to recover compensation for damages such as medical expenses, pain and suffering, and lost wages. For instance, if you suffered an injury due to a misdiagnosis, medication error, or incorrect treatment, you might be qualified to file a medical malpractice claim and recover compensation.
While you have no control over some of the factors that can influence the value of your Atlanta medical malpractice case, such as the severity of your injuries, the truth is that you have control over most of the factors that can influence the value of your case. Below, we share some tips for maximizing your compensation in your Atlanta medical malpractice case.
Hire a Qualified Medical Malpractice Attorney
One of the main factors influencing the value of your Atlanta medical malpractice case is the attorney you hire. If you want to have a chance of recovering the maximum possible amount of compensation in your case, you should hire the right attorney. And the right attorney is one who is qualified to handle medical malpractice cases. An experienced medical malpractice attorney can help you get more money because they understand the complexities of medical malpractice cases. For example, an experienced medical malpractice attorney will understand how to demonstrate fault. A qualified medical malpractice attorney will also ensure you are compensated for both past and future damages.
Gather as Much Evidence as Possible
There are many different types of evidence that may be relevant in your Atlanta medical malpractice case. Nevertheless, the following are some of the most commonly used pieces of evidence in medical malpractice cases:
- Medical and hospital records
- Witness statements
- Video evidence
- Evidence of physical injury
- Healthcare regulations and policies
- Records of damages
An experienced medical malpractice attorney will be instrumental in gathering this evidence. In the meantime, you should take notes of all verbal conversations with telephone calls to and from your healthcare provider. The date, time and substance of verbal communications can be critical in many medical malpractice cases.
File Your Claim on Time
Normally, the time limit for filing a medical malpractice case in Georgia is two years from the date of injury. However, there are numerous qualifications and exceptions to this rule. For example, a legal analysis may be necessary to determine the precise date the “injury” occurred under Georgia law, and there are some limited circumstances where the statute of limitations may be tolled or extended (e.g., the doctor fraudulently conceals the malpractice from you). If you file your medical malpractice claim after the statute of limitations has expired, your case will be dismissed and you will be barred from recovering compensation.
Seek Punitive Damages
According to Georgia law, punitive damages can be awarded in medical malpractice cases when the plaintiff shows that the defendant engaged in malicious, willful, fraudulent, wanton, or oppressive conduct. This is rare in medical malpractice cases, but if you are eligible to recover punitive damages, you should seek them. Punitive damages can significantly raise the value of your Atlanta medical malpractice case.
It can be challenging to prove that a medical professional engaged in malicious, willful, wanton, fraudulent, or oppressive conduct. But a qualified medical malpractice attorney can help you demonstrate this.
Contact Us for Legal Help
If you suffered injuries because of a medical professional’s negligent act(s) and need help recovering the compensation you deserve, contact our qualified Atlanta medical malpractice attorney at Carroll Law Firm.
Source:
law.cornell.edu/wex/pain_and_suffering#:~:text=Pain%20and%20suffering%20refers%20to,trauma%20that%20accompanies%20an%20injury