The 4 Stages of a Negligence Claim

Law Blog

If you or someone you know was injured due to an act of negligence, you might be able to file a claim against them to get benefits owed to you. These types of claims are often medical negligence claims, where a doctor or surgeon made a mistake and caused pain and suffering, more severe medical situation, or mental anguish. Here are some of the different stages involved in going through a negligence claim.

Gathering Evidence

The first important stage of a negligence claim, even before submitting the claim, is to start gathering evidence. Negligence claims do tend to be complicated cases, so you should have a good amount of evidence. You are not just proving the accident or injury that occurred but that someone was responsible due to their own negligence. This task requires medical proof and hopefully some witnesses. Consider what a lawyer would be looking for in defending a negligence claim, and then look for that evidence on your own. You can also contact a law firm and get a lawyer's help with this very first step of the process.

Submitting the Claim

Once you believe you have the necessary evidence, you can then file your claim with the local court. Make sure you fill out the claim paperwork honestly and fully, including as much detailed information as possible. You will then need to wait to hear back from the court regarding a hearing. At this point, it is a good idea to already have help from a medical malpractice attorney who has experience with these types of cases.

Negotiating the Offer

After submitting the claim, you will probably attend a hearing when you receive the first offer for settlement of damages. Many hospitals and medical personnel are going to try to settle out of court. Make sure you don't just take the first offer, no matter what it is. Your medical malpractice attorney should help you decide how much is fair and how to negotiate for a higher offer. They don't usually give their highest offer upfront, which is why counter offering is important. Give concrete reasons why you are making a counteroffer and why you feel you deserve a higher settlement for damages.

Settle or Head to Court

By this point, you have either decided to settle and accept their offer or you are headed to court. Bring the same evidence with you and speak in front of a judge in regards to the damages you have gotten from the negligence. Make sure to include emotional and psychological damage, as well as income lost from not being able to return to work and your medical costs.


11 August 2016

Unknown laws you might not know

I love all of those quirky laws that are still on the law book. It's a little hobby of mine to track down some of those laws and try and work out if there was a story behind how they got on the books. I've been doing it for 14 years and have accumulated a lot of material that I have researched. I thought it would be fun to start a blog with some of these stories to share with other people who like to know a little more about law and about history. I hope you enjoy my site.