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What Is a Truck Accident Claim? 

When a client is injured or suffers the loss of a loved one as the result of an accident with a semi truck or other type of commercial truck, the client may be able to receive fair compensation from the negligent parties. To successfully represent clients in truck accident claims, attorneys must have extensive knowledge regarding the truck and auto accident claims process. In this guide, you will gain information about how the semi truck accident claims process works, what is involved in the settlement process, and how attorneys and their clients can navigate the legal process. 

The Truck Accident Claim Process

After a client experiences a personal injury or a loss due to an accident involving a commercial vehicle, questions naturally arise about what occurs in the truck accident claim process. In many cases, litigation may not be necessary for clients to receive fair compensation in truck accident claims or claims against any other trucking company. Of course, all cases are different. In some situations, insurance companies may deny liability or negotiations may come to a standstill. Your law firm may have no other option but to file a lawsuit against potential parties who may be responsible for your client’s losses. 

If your firm does need to pursue litigation, everyone should understand that the truck claim process is often multi-layered. This process may begin with gathering evidence to prove negligence on the part of the trucking company as well as to identify the party or parties who may be responsible for the relevant truck accident injuries. Additionally, this process may involve an investigation of the accident and accident scene to determine factors that may have caused the accident. 

A truck accident claims process may also involve your firm filing an injury demand letter on behalf of your client. This type of letter is typically filed when attempting to negotiate a fair settlement. Such negotiations may involve working with the trucking company’s insurance coverage provider to obtain a settlement. 

Hire a Truck Accident Lawyer

One of the most important steps an individual who has suffered a loss due to an accident with a commercial truck can take is to hire a truck accident lawyer. Trucking companies fighting litigation involving accidents with their commercial vehicles often have a wealth of resources at their disposal. In order to obtain fair compensation for injuries and losses, victims must ensure they have an equitable amount of resources available. 

Gather Pieces of Evidence and Prepare a Demand Letter

Gathering evidence is one of the most important steps in filing a truck accident claim. In this step, you work carefully with your client to obtain their personal recollection of the accident as well as other relevant information. This information could include collecting medical records, medical bills, police reports, and any other information that may pertain to the case. In this phase, you may also meet with the insurance adjuster, locate eyewitnesses, and speak with legal and insurance representatives of the trucking company. The collection of this information ensures your firm that the client’s case has sufficient merit to move to the next step. 

In this phase, your legal team will have collected the evidence necessary to prepare a demand letter. This letter is forwarded to the insurance company of the trucking company responsible for your client’s injuries. A properly prepared demand letter provides information regarding how your client has been affected both physically and financially. Additionally, the demand letter states a specific financial amount that will be acceptable to compensate your client for their injuries. 

Identify Any Injuries and Property Damage

The amount necessary to fairly compensate your client for their injuries and damage may be based on a variety of factors. These factors will require that any injuries as well as property damage be identified. The final financial amount included in the demand letter should include costs for medical expenses to treat injuries sustained in the accident, income lost while your client recovers from injuries, and pain and suffering incurred as a result of the accident. 

Start Initial Settlement Process

The settlement process is often ongoing and may even begin before your client has retained your firm for representation. It is not unusual for the insurance company covering the trucking firm to contact a client not long after the accident with a settlement offer. This may occur in an effort to prevent the victim from obtaining legal advice. Multiple rounds of negotiation may be required before reaching an acceptable settlement offer. 

Determine Liable Parties

Among the most complicated aspects of a truck accident claim is that there can be multiple liable parties when commercial vehicles are involved in accidents. In most cases, truck drivers are employed by a trucking company. However, the driver may actually transport products for multiple companies. Further complicating the matter is the tendency for trucks to be maintained and serviced by varying companies. The manufacturer and distributor of parts used in the truck could also be liable. The matter can become even further complicated in cases with another type of party involved, such as Budget truck rental accident claims. The driver, the rental company, the service and maintenance companies, and the manufacturer and distributor of truck parts could all potentially have liability in a claim. 

Get Fair Compensation

Obtaining fair compensation for your client requires that your firm have an in-depth understanding of the various factors involved in a truck accident claim. Although many such cases are settled out of court, that is not always the case. In some instances, it may be necessary to go to court to obtain fair compensation for your client. 

Navigate the Legal Process With Trusted Representation 

Successfully handling a truck accident claim on behalf of your client requires targeted expertise regarding how truck accident claims work. On a large-scale basis, such cases may also require significant funding. In the event your law firm does not handle such cases on a regular basis or may not be accustomed to handling truck accident claims on a large scale, it may be helpful to consult with a firm that can provide additional resources.  My Case Direct works specifically to help law firms in Pennsylvania maximize their case value through the formation of strategic partnerships. Contact us today to learn more.

Childbirth is an emotionally and physically draining experience, and mothers place trust in medical professionals to provide the highest possible standard of care. Unfortunately, negligence, medical errors, and a failure to provide proper care can lead to birth injuries. 

A birth injury attorney can help you seek justice in the event that you or a loved one has been injured during the delivery process. First, it is important that you are fully aware of the types of childbirth injuries and the ways that legal representation can benefit you.

What Role Does a Birth Injury Attorney Play?

A birth injury lawyer acts as an advocate for you and your child so that the parties involved in the injury are held responsible. Furthermore, the long-term effects of birth injuries can be emotionally, physically, and financially draining, and victims may be due compensation. For example, the CDC estimates that the lifetime costs of caring for an individual with cerebral palsy, including but not limited to medical bills, average more than $1 million.  

When you pursue legal action against a medical professional, hospital, or facility due to a birth injury, your attorney will be responsible for: 

• Conducting extensive research into the circumstances of your case
• Obtaining witness testimony and medical records
• Building a case against the medical professionals who delivered the child
• Filing necessary paperwork within the appropriate court
• Presenting your case and seeking financial compensation

When you hire a lawyer for a birth injury case, you should feel that you have found an ally who is dedicated to reaching the best possible outcome. 

Examples of Birth Injuries That Could Require a Birth Injury Lawyer

There are many types of birth injuries, ranging from relatively minor to severe or even life-threatening. In order to better establish whether you have a legitimate case, it’s important to first determine what kind of injuries occurred. 

Medical Negligence or Medical Malpractice

While it is not always the case, preventable birth injuries sometimes result from negligence or error on the part of your doctor or nurses. These incidences are more common than you might expect. 

A 2006 report found that there were 157,700 potentially avoidable injuries to mothers and newborns during childbirth. The kinds of malpractice or negligence that can occur include: 

• Using excessive force on a baby during birth
• Failing to properly monitor the vital signs of the mother and baby
• Incorrectly or unnecessarily using tools, such as forceps, during childbirth
• Neglecting to perform a cesarean section when it is medically necessary

If medical mistakes or negligence caused injury to you or your child, you may have a rightful claim to compensation. 

Brain Damage and Brain Injuries

One of the more common types of birth injuries is brain damage and injuries. Brain damage is more common in delayed birth, in which a mother is in labor for more than 18 hours. One of the more common conditions is cerebral palsy, which can be caused by a number of events during childbirth: 

• Asphyxiation
• A head injury 
• Choking or nearly drowning 

There is no cure for cerebral palsy, and it can impair movement, including difficulties with walking, swallowing, and controlling eye movement. 

Disabilities

A head injury, lack of oxygen, or insufficient blood flow to the brain during pregnancy or childbirth can result in lifelong disabilities. These include attention-deficit/hyperactivity disorder, learning disabilities, hearing loss, and vision impairment. 

Nerve Damage

During childbirth, a baby’s body position or the use of unnecessary force can lead to a spinal cord injury or nerve damage. Some newborns experience brachial plexus injuries, which affect the nerves that provide feeling and muscle control in the shoulder, arm, forearm, hand, and fingers. 

Brachial plexus injuries occur when a baby’s neck is stretched to one side during childbirth. Excessive tension can cause the nerves to stretch or tear. In more severe cases, the nerve roots might be pulled from the spinal cord. 

These kinds of nerve injuries sometimes require extensive interventions, including surgery, occupational therapy, and physical therapy. Experts estimate that they occur in 1 to 3 of every 1,000 births. 

Birth Trauma

Birth trauma generally refers to injuries that occur during the birthing process, including lacerations and bone fractures, as a result of the child’s size or the improper use of birthing tools. Examples of birth injuries resulting from trauma include: 

• Bruising or marks from forceps
• Caput succedaneum
• Cephalohematoma
• Facial paralysis 
• Subconjunctival hemorrhage

These conditions are more common during specific circumstances. For example, vacuum extraction is more likely to result in lacerations or caput succedaneum, which is the swelling of the soft tissue of the baby’s scalp. 

Perinatal Asphyxia

Also known as birth asphyxia, perinatal asphyxia occurs when a baby is unable to take in adequate oxygen before, during, or immediately following birth. It can lead to low levels of blood oxygen, or hypoxia, as well as excessive acid in the blood, which is referred to as acidosis. 

Studies have shown that perinatal asphyxia can cause neurodevelopmental impairment later in life. This can affect the motor, sensory, cognitive, and behavioral outcomes of the child. 

What Is the Statute of Limitations for Birth Injury Cases?

The statute of limitations for a birth injury case depends on the state where the injury occurred. For example, in Pennsylvania, the statute of limitations on personal injury caused by negligence is two years. However, if the individual who is injured is a minor, that person has until two years after their 18th birthday to file a case. When the victim is a newborn, the parent can choose to file a case on behalf of the child, or the child who sustained the injury at birth can file a case upon reaching the age of 20.  

Hire an Attorney With the Legal Experience and Background in Birth Injury Litigation

If you or a loved one has experienced a birth injury, it’s important that you act quickly and carefully. While it is vital that your case is filed within the statute of limitations, it is equally important that you find a birth injury attorney with extensive experience and the knowledge necessary to best represent your case. 

For assistance in finding an attorney with experience in birth injury lawsuits, contact the experts at McEldrew Purtell.

Medical malpractice cases address serious breaches of care by healthcare practitioners. Medical malpractice claims may address medication errors, misdiagnoses, inadequate treatment, and neglect. 

A patient who suffers injury or illness because of a medical practitioner’s negligence can seek monetary compensation through a medical malpractice lawsuit. When pursuing a medical malpractice case, highly qualified legal representation is crucial.

When you sue a medical care provider for malpractice, you benefit from the top-quality legal help of an experienced medical malpractice attorney. Lawyers who handle medical malpractice claims provide unique knowledge and resources critical for a successful medical malpractice lawsuit.

Why It’s Imperative That You Choose the Right Lawyers for Your Case

Every industry has its specialists, and the legal field is no different. Because the law is highly specialized, attorneys often have experience with one area of law but lack deep knowledge in other areas. For example, a lawyer specializing in tax law is unlikely to have the knowledge, experience, and resources to successfully pursue a medical malpractice case.

It is critical to hire an attorney who specializes in medical malpractice lawsuits. For a successful medical malpractice claim, you need an experienced and resourceful legal team who can understand the client’s experience, interpret medical records, and recognize violations of the standard of care.

The legal team must also be well-versed in the legal requirements associated with medical malpractice claims, including the burden of proof, rules of evidence, and statute of limitations.

When you build a medical malpractice case, the right medical malpractice lawyers can make all the difference. Unlike more generalized personal injury practice, law firms specializing in medical malpractice bring categorical knowledge and expert analysis from both a legal and medical perspective.

What To Look For in a Medical Malpractice Lawyer

Even within the medical malpractice field, not all attorneys are created equal. Some medical malpractice lawyers have more experience with particular types of cases. Since medical malpractice claims can be highly technical and very complex, you should look for a lawyer who:

Has Extensive Experience With Medical Malpractice Claims

Lawyers who handle medical malpractice are well-versed in the regulatory and legal requirements for medical treatment. They have handled enough cases to know which legal strategies are most effective. 

Medical malpractice lawyers with sufficient experience can also spot weaknesses in your case and find ways to address them.

Ultimately, a quality medical malpractice lawyer’s goal is to prove to the courts that the medical care practitioner, whether a doctor, nurse, or physician’s assistant, was negligent in their care and that negligence caused the injury. To prove negligence, the attorney must show that:

• The medical care provider owed a duty of care to the patient.
• The medical provider breached their duty of care.
• The medical provider’s breach caused the patient’s injuries.
• The patient suffered damages or losses because of those injuries.

Establishing negligence in a medical malpractice case requires extensive evidence, including medical records, treatment plans, and expert testimony. The legal team must be able to prove not only that medical malpractice occurred but that the malpractice directly caused the patient’s injuries. 

They must also show that the patient’s injuries resulted in losses or damages. For example, suppose a surgical error requires the patient to undergo surgery to repair the mistake. In that case, the patient could sue for the cost of the second surgery, lost income during surgery and recovery, and pain and suffering from the botched surgical procedure. 

Knows How To Find and Work Well With Medical Experts

A critical foundation of any medical malpractice case is establishing the medical provider’s failure in their duty of care. Medical practitioners must provide medical diagnosis and treatment consistent with the standards of care for their field. If they fail to diagnose or treat the patient properly, they could be liable for the patient’s resulting injuries or illness.

An established medical malpractice attorney should have experience finding and working with medical experts in various fields of medicine. The areas with the most successful malpractice claims include:

• Dermatology
• Urology
• Plastic surgery
• Ophthalmology
• Neurosurgery
• Obstetrics and Gynecology
• Neurology
• Pediatrics
• Pathology
• Anesthesiology
• Emergency medicine
• Gastroenterology

A medical expert working in the same field can establish whether the patient received medical care consistent with established standards. Lawyers specializing in medical malpractice recognize the value of expert testimony in a medical malpractice claim. They will have established relationships with medical experts they know they can trust to provide quality testimony.

Understands Medicine

To establish a medical malpractice claim, a knowledgeable medical malpractice lawyer will have an intimate working knowledge of industry standards. 

Medical malpractice attorneys spend years researching the language and terms associated with medical malpractice. This allows a quality malpractice attorney to review medical records to understand the patient’s underlying conditions and treatment plans. 

While they may not be medical experts, attorneys who handle medical malpractice claims should have a sufficient working knowledge of medicine to review diagnostics, imaging, and treatment plans and establish how the malpractice occurred. 

In addition, a medical malpractice lawyer will know how the medical system functions, so they can determine who is fundamentally responsible for the patient’s injuries. For instance, malpractice can be perpetrated by the treating physician, attending nurse, nurse practitioner, physician’s assistant, or pharmacist. 

The hospital or medical facility could also be liable for a medical malpractice claim if the patient’s injury was due to poor policies or practices.

Has a Track Record of Winning Fair Compensation

An excellent way to gauge a medical malpractice lawyer’s quality is to review their past cases. Lawyers specializing in medical malpractice will have a portfolio of successful case results for medical malpractice claims like yours. 

The primary goal of a medical malpractice claim is monetary compensation for the patient’s losses following a breach of the standard of care. Medical malpractice attorneys with a history of success know how to negotiate a fair settlement value against even the most aggressive or stubborn medical practitioners and their insurers. 

Look for attorneys specializing in medical malpractice who exhibit past success in pursuing maximum settlements and verdicts to cover their clients’ full losses. 

Build a Winning Medical Malpractice Team

Whether you are a patient who suffered at the hands of a negligent doctor or a law firm looking to add an outstanding medical malpractice lawyer to your team, McEldrew Purtell can help you find the right legal services for your needs. 

Our extensive network of vetted attorneys offers experience, resources, and manpower to help you successfully handle complex and large-scale medical malpractice claims. 

When you seek advice or treatment from a medical professional, you are placing your health, your safety, and sometimes your very life in their hands. When that medical provider’s negligence, carelessness, or even ill intent causes injury, harm, or death to you or a loved one, it can feel like the worst kind of betrayal. 

Although the laws governing medical malpractice can differ significantly from state to state, if a medical professional has caused you or someone you love to experience an injury, illness, or death, you may be eligible to receive fair compensation to recover from your losses. In this article, we will discuss the inherent difficulties in proving in a court of law that medical malpractice occurred. We will also detail the four elements required to prove that medical malpractice occurred. 

Is Proving Medical Malpractice Really Difficult?

Medical negligence can manifest in any number of ways. Some of the most common causes include:

• Improper treatment
• Unnecessary surgery
• Surgical errors
• Misdiagnosis, delayed diagnosis, or failure to diagnose a condition
• Incorrect medication or dosage

Medical malpractice claims are some of the most difficult personal injury cases to prove. So why is medical malpractice difficult to prove? The main reason is that the burden of proof in this type of case is heavier and more complicated than it might be in a typical personal injury case. Medical professionals receive years of education and training. They use methodologies and technologies to diagnose and treat patients that the average person cannot possibly understand. Questioning the judgment and medical choices of such providers likely requires a detailed investigation by independent medical experts. 

In addition to the heavier burden of proof, ever-evolving laws surrounding medical malpractice cases make them notably difficult to win. The fact that these laws vary depending on where you live can add another layer of complexity. Timing can mean the difference between a successful case and one that gets thrown out of court. If you don’t file within the pertinent state’s statute of limitations, there is nothing the court can do to ensure you receive the compensation you deserve. 

Proving a Medical Malpractice Lawsuit in Court

In this section, we will detail how to prove medical malpractice by demonstrating that the four necessary conditions exist in your case.

1. A Doctor-Patient Relationship Existed

You must be able to prove to the court that you had a doctor-patient relationship with the provider in question. Whether you had a single appointment or saw the provider multiple times, you need to prove that you sought medical care and, in doing so, hired the provider, who agreed to provide you with advice or treatment. 

This element is generally the easiest to prove and simply requires that you provide relevant medical records or medical bills that demonstrate you had a doctor-patient relationship with the defendant.

2. The Healthcare Provider Neglected to Uphold the Standard of Care

By entering into a doctor-patient relationship with you, the medical professional took on a duty of care. It is then the legal obligation of the medical professional to provide you with care that meets the accepted standard of care within the medical community. 

This is where the process can become both complicated and expensive. 

Proving that negligence took place in a medical malpractice case requires that you demonstrate to the court that the medical provider did not give you the same reasonable advice or treatment that another medical professional would likely have provided under the same circumstances. 

It can be a challenge to prove that the medical provider failed to uphold the duty or standard of care. You will need to gather all of your pertinent medical records as well as depositions, sworn statements, or testimony from anyone who was involved in your care or who witnessed the provider’s negligent or careless actions or treatment. 

Most states require that you provide the testimony of a medical expert to describe the appropriate standard of care and to discuss how the provider’s conduct toward you failed to meet that standard. The services and testimony of medical expert witnesses can be significantly more expensive than those provided by other kinds of expert witnesses. 

3. That Neglect Caused You to Suffer an Injury or Harm

In many cases, the victim in a medical malpractice suit was already injured or sick when they sought treatment from the defendant. This can add even more complexity to the process of proving that the defendant’s medical negligence or actions — and not the victim’s pre-existing medical condition — were “more likely than not” the cause of additional harm to the plaintiff. The testimony of a medical expert will likely be the key to proving this element of your lawsuit. 

4. That Harm Resulted in Damages

Finally, you must be able to provide evidence that the defendant’s actions directly caused you to suffer actual and measurable losses. Some examples of these losses can include:

• New injuries, disabilities, or illnesses
• Physical pain and suffering
• Psychological anguish
• Scarring or disfigurement
• Loss of ability
• Loss of consortium
• Medical bills
• Pharmacy bills
• Invoices for necessary home or vehicle modifications due to disability
• Loss of income
• Lost earning capacity
• Reduced quality of life

If the provider’s actions caused the death of a patient, the victim’s surviving family members can provide proof of losses such as:

• Medical bills
• Funeral and burial expenses
• Loss of future income and benefits
• Loss of consortium

Our Medical Malpractice Attorneys Are Here to Assist

Medical malpractice lawsuits are notoriously difficult to win. That’s why you should seek assistance from a personal injury attorney with a significant amount of relevant experience in medical malpractice cases. If you or a family member was the victim of a medical provider’s negligence, carelessness, or bad actions, contact McEldrew Purtell today to speak with an experienced medical malpractice attorney who will fight for the fair compensation you deserve.

Recalls are often issued by manufacturers to remove defective and dangerous goods from the market, such as faulty products and contaminated foods. This is done to protect the public from physical injuries and potential health risks. However, recalls aren’t always effective, and in some cases, consumers may still be harmed. If you or someone you know was injured by a defective product, you may have the right to seek compensation by pursuing a recall lawsuit.

As soon as a product harms or injures you, you should prepare to file a recall lawsuit immediately. There are typically filing deadlines for these types of cases, and you risk losing your ability to pursue compensation if you don’t meet them. While it may seem intimidating to file a recall lawsuit, having the proper legal representation can make the process feel straightforward and rewarding. When you believe you have a valid claim, get in touch with an attorney. Your attorney can help hold all responsible parties accountable and seek the compensation you deserve for your injuries and losses.

What Is a Recall Lawsuit?

A manufacturer, distributor, or retailer can face legal action if they produce or sell defective products that cause health issues or physical harm. An affected individual or group can file a recall lawsuit against the manufacturers, such as a product recall lawsuit, medical recall lawsuit, or automotive recall lawsuit. The lawsuit alleges that the product is defective and that the manufacturer knew or should have known about the defect but failed to take appropriate action to recall the product effectively. 

How To File a Recall Lawsuit

Recall lawsuits are essential for holding manufacturers, distributors, and retailers accountable and compensating those affected. Whether you are filing a lawsuit for a product recall, medical recall, or automotive recall, it is crucial to know your rights and understand the legal process. Follow the steps below.

Have a Lawyer Check Out Your Case

To ensure that a recall lawsuit has the strongest chance of success, it is essential to seek help from a knowledgeable product recall attorney. Your lawyer may seek compensation for associated medical bills, including those anticipated for future care; lost income due to an inability or decreased capacity to work; and pain, disfigurement, emotional suffering, and loss of quality of life. In some cases, your lawyer may seek punitive damages.

Manufacturers or sellers of recalled products may be required to pay large settlements or damages awards as a result of litigation involving recalls. This gives them a strong incentivize to ensure their products are safe and defect-free as well as to administer a thorough and effective recall campaign when needed. 

Pinpoint Facts and Punitive Damages 

A recall lawsuit must be supported by as much evidence as possible in order to be successful. A pinpoint fact is a specific piece of evidence that establishes the causal link between a defective product and the harm it caused. To support your case, your lawyer will gather evidence such as medical records, product information, witness statements, and other relevant documents. Your lawyer will also help you determine the extent of damages and whether you are entitled to punitive damages.

Punitive damages exceed simple compensation and are intended to punish a manufacturer or seller for their actions in a recall lawsuit. The purpose of punitive damages is to deter others from engaging in similar behavior in the future. When a lawsuit proves that a manufacturer or seller has acted maliciously or recklessly, punitive damages may be awarded to the victim. 

File Your Complaint

Your lawyer will help you file a complaint with the appropriate court. Information about the product, such as its name, model number, and identifying characteristics, should be noted. You should also include a description of the product’s defects and dangers and any injuries or harm caused by it.

Government Agencies Investigate Complaint

Once your complaint has been filed, government agencies may investigate and determine whether the product presents a public health risk. Among these agencies are the Consumer Product Safety Commission (CPSC), the Food and Drug Administration (FDA),] and the National Highway Traffic Safety Administration (NHTSA).

Manufacturers Are Informed, Recall Is Issued, and Action Is Taken

A recall will be issued when a government agency determines that a product is defective or poses a health risk. The CPSC, which works to reduce the risk of injuries and deaths from consumer products, issues approximately 300 product recalls each year, including many products found in childcare settings.

Once the recall is issued, the manufacturer will typically take immediate action and begin notifying consumers of the recall as well as providing instructions for returning the product. This process may involve contacting retailers, issuing press releases, and issuing notices on the manufacturer’s website and social media pages. However, many consumers, unaware of product recalls, continue to use potentially unsafe products. A plan will then be developed to prevent future incidents of this kind. 

When You Should File Your Lawsuit

When filing a recall lawsuit, personal injury lawsuit, or wrongful death lawsuit in Pennsylvania, it is imperative to understand the legal requirements and file the lawsuit as soon as possible. The time limit established by the state’s statute of limitations is two years from the date of the injury or the discovery of it. You may lose your right to compensation if you wait too long to file a claim.

Having the Right Legal Team Makes the Difference

Recall lawsuits can involve manufacturers, distributors, and retailers along with multiple forms of evidence, making them incredibly complex. Having the right legal team in your corner through McEldrew Purtell can make all the difference in your case. Whether navigating challenging legal proceedings or going up against powerful corporations, an attorney can help protect your rights and pursue the compensation you deserve. 

Any injury can seem devastating, especially when you are hurt in an accident or injured due to someone else’s negligence or bad actions. However, some injuries are severe enough to cause permanent disability and change your way of life forever, such as a traumatic brain injury or a spinal cord injury. These injuries that permanently affect the way you must live your life are known as catastrophic injuries. 

If another person or company caused you to suffer a catastrophic injury, you deserve to receive compensation for your life-changing medical issues. Experienced catastrophic injury attorneys can help you to win the compensation you deserve. In this guide, we will explain catastrophic injuries, how they are assessed, and how to find the right catastrophic injury law firm to help you seek compensation for your medical bills, loss of income, and pain and suffering.

What Is a Catastrophic Injury?

When is an injury considered to be catastrophic? Because personal injury laws can vary from place to place, there is no universal legal definition for the term “catastrophic injury.” 

However, catastrophic injuries are commonly considered to be those that cause serious, permanent physical damage to the body from which full recovery is not possible. These injuries, which are often caused by some type of accident, tend to have a severe effect on the victim’s quality of life and/or their ability to work. Often, when catastrophic injuries occur due to someone else’s negligence or intentional bad acts, the victims decide to file personal injury claims against the at-fault parties, seeking both economic and non-economic damages.

Different Types of Catastrophic Injury

The various types of catastrophic injuries include:

• Spinal cord injuries
• Limb amputation
• Birth injuries
• Extensive or severe burns
• Neck injuries
• Partial or total paralysis
• Partial or total loss of sight
• Partial or total loss of hearing
• Traumatic brain injuries (TBI)
• Neurological damage
• Crush injuries
• Facial injury causing deformity
• Permanent disfigurement
• Eye injury
• Nerve damage
• Severe organ damage
• Mesothelioma or other work-related illnesses
• Multiple bone fractures

Common Causes of Catastrophic Injury

Just as the types of catastrophic injuries can vary, so too can the types of incidents that cause such severe injuries:

• Motor vehicle accidents
• Workplace accidents
• Pedestrian accidents
• Sports accidents
• Trampoline accidents
• Boating accidents
• Medical malpractice
• Fires and explosions
• Bicycle accidents
• Violent crime
• Horseback riding accidents
• Falls from heights
• Defective products, medical devices, or drugs
• Toxic substances
• Construction accidents

How Catastrophic Injuries Are Assessed

Catastrophic injury lawyers assess the amount of damages they seek for clients based on a number of criteria:

Wages and Other Income Lost

Suffering from a catastrophic injury can lead to the temporary or permanent loss of the victim’s income, the loss of professional opportunities as a result of the victim’s disabilities, and the decline in the victim’s earning power. 

Amount of Pain and Emotional Distress Experienced

When you endure a catastrophic injury, you may be entitled to receive compensation for the resulting pain and suffering, including mental anguish.

Medical Care You Need or Have Undergone

Catastrophic injuries can lead to considerable medical expenses. You may require life-saving medical treatment, surgery, adaptive medical devices, and ongoing medical care. If your catastrophic injury occurred due to someone else’s carelessness or bad actions, you should not be responsible for paying for this medical care. 

Some of the medical care for which you may deserve compensatory damages:

• Pain management treatment
• Physical therapy
• In-home nursing care
• Other ongoing medical services
• Future expected medical expenses
• Installation of specialized medical equipment in your home

Out-of-Pocket Expenses for Medical Treatment

Even if you have health insurance, there are always out-of-pocket expenses involved with medical care. If someone else causes you to suffer a catastrophic injury, they should be held responsible for paying these expenses, which can include:

• Prescription co-pays
• Doctor visit co-pays
• Deductibles
• Hospital bills
• Ambulance fees
• Surgery costs
• Laboratory fees
• Doctor bills

Loss of Consortium

When it comes to catastrophic injuries, the victim is not the only person who suffers. Such injuries often have a devastating impact on the victim’s loved ones, especially their spouse. Loss of consortium is a legal term used to describe the effect a catastrophic injury has on the victim’s relationships. In Pennsylvania, the victim’s spouse can file a loss of consortium claim for the loss of the companionship and services of the injured spouse. 

Loss of consortium damages compensate the uninjured spouse for the deprivation of:

• Emotional support and care
• Comfort
• Love and affection
• Companionship
• Sexual relations and intimacy
• The ability to have children together
• Society
• Services such as caring for children and household chores

Loss of Hearing, Sight, or Overall Quality of Life

After a catastrophic injury, it can be highly distressing to deal with some of the necessary changes in the way you live your life. You may have to become accustomed to functioning without your sight or hearing. You may not be able to care for yourself or your dependents. You may no longer be physically able to work, drive, perform everyday tasks, or enjoy your favorite recreational activities. All of these adjustments lead to a diminished quality of life. 

The court typically considers several factors when quantifying the diminished quality of life, including:

• The victim’s age
• The victim’s educational and work background
• The severity of the victim’s injuries
• Whether there is any disfigurement
• The effect on the victim’s happiness, comfort, mental and emotional health, and overall wellbeing 
• The future consequences of the injury
• The nature of the activities the victim can no longer perform

Find the Best Personal Injury Attorney for Your Claims

If the negligence, carelessness, or intentional misconduct of someone else has caused you to suffer a catastrophic injury, you should speak with a personal injury lawyer who has significant experience with catastrophic injury cases. We can assist you with assessing the fair amount of compensation you should be awarded when filing a catastrophic injury lawsuit. 

Contact the skilled, experienced team at McEldrew Purtell today to get started.

Sadly, the risk that your loved one is suffering from nursing home abuse is higher than you think. You can look for certain signs to help you identify when this is happening. If you notice any of the signs, you should report the potential abuse to local authorities and contact a nursing home abuse lawyer. 

When you notice signs of nursing home abuse, a nursing home abuse lawyer can help you get help. They know how to report the abuse to the proper authorities. They can also help you put together a legal claim against the nursing home that may compensate you and your abused loved one. 

What Is Nursing Home Abuse?

Nursing home abuse occurs when elderly residents suffer injuries or neglect while living in a nursing home. This abuse or mistreatment is often directly at the hands of the staff. They make choices that cause harm to your loved one. 

Nursing home residents often have nowhere else to go. They need constant care and supervision. They are vulnerable and need protection. Sadly, many nursing homes or certain staff members take advantage of these people. 

Types of nursing home abuse include, but are not limited to:

• Emotional abuse
• Physical abuse and trauma
• Mental abuse
• Neglect
• Sexual abuse
• Financial exploitation
• Theft
• Unlawful and unnecessary confinement
• Isolation from other residents or family

These types of abuse and countless others could affect you and your family. Your elderly loved one deserves protection and the help of a licensed nursing home abuse lawyer. 

5 Key Signs You Have a Nursing Home Abuse Case

There are certain key signs you should look for if you suspect nursing home abuse. This case is not exhaustive, and if you are not sure, approach an attorney for help. It is much better to be safe than sorry.

Signs of Neglect

Neglect is a certain type of abuse. It occurs when the nursing home or staff fails to take certain actions to care for an elderly resident. These failures to act can be just as harmful as intentional abuse. Neglected patients can become seriously ill and suffer severe impacts on their physical health.

Signs of neglect in a nursing home include:

• The elderly resident has unexplained injuries
• Staff keep making medication and other serious medical mistakes
• An elderly resident is very quickly gaining or losing weight
• The bedding or the room is very dirty
• The resident complains of abuse or neglect
• The nursing home has a history of abuse or neglect complaints
• Bleeding or bruising around the genitals or the resident has a sexually transmitted disease

These signs and countless others could show abuse or neglect. If you suspect either, contact the authorities and a skilled attorney to protect your loved one’s health.

Unexplained Injuries

If you notice bruises, scrapes, or other injuries that have no explanation, this could signify nursing home abuse. A nursing home resident may suffer injuries that are perfectly innocent and explainable. However, abusers often try to hide these injuries. 

They may offer no explanation or one that does not make sense. Trust your instincts about whether the staff is telling the truth about an injury. 

Poor Hygiene

One of the warning signs of nursing home abuse is poor hygiene. Elderly residents often cannot take care of themselves. They need help. When they don’t receive that help, they are often dirty.

The resident may smell, wear dirty clothes, or have actively soiled themselves. Ask staff about their hygiene routine but always report suspected abuse to a qualified attorney to make sure your loved one is protected.

Decubitus Ulcers

A decubitus ulcer is a medical term for bedsores. Also called pressure ulcers, they often occur when a patient’s skin and tissue suffer prolonged pressure. This often happens when the patient does not move from a chair, bed, or other static location for a very long time. 

These bedsores are common in many areas of the body but are especially common on:

• Ankles
• Feet
• Back
• Hips
• Tailbone

Bedsores are painful and can become infected. They are often a sign of even more serious abuse or neglect by the nursing home.

Emotional Outbursts

Emotional outbursts may be a sign of nursing home abuse. Many residents cannot communicate normally because of their condition or mental status. However, sudden and unexplained agitation may be a sign of abuse. You should look for:

• Frequent crying
• Withdrawal or sudden fear
• Agitation and anger
• Sudden personality changes 
• Complaints of neglect, abuse, or poor treatment

How an Experienced Attorney Can Help

An experienced nursing home abuse lawyer can help you and your elderly loved one. An experienced law firm can investigate your claim and determine what abuse has occurred. They can:

• Gather documents and medical records
• Conduct interviews of staff, the patient, and other relevant parties
• Use expert witnesses to prove what abuse occurred
• File a nursing home abuse claim in court
• Seek a settlement from the nursing home
• Seek compensation for the elderly resident and their affected family members
• Take the case to trial if necessary

An experienced attorney can help you seek the financial compensation you deserve. They understand the warning signs of abuse and how to pursue the case all the way through the legal process. 

Do You Have a Nursing Home Abuse Lawsuit?

If you suspect or know of abuse, you should immediately consult a nursing home abuse attorney. At McEdlrew Purtell, we connect you with highly qualified nursing home abuse attorneys who know how to handle your case. We can report the abuse to the authorities and seek compensation for the injured parties. 

You do not have to be 100% sure of a claim. Sometimes all you have are the signs of abuse. Let us help you figure out the truth. When your loved one is abused, we can help pursue monetary damages for them and others affected by the abuse.

Contact us today to learn more about your particular case.

Every year, around 1.7 million Americans suffer traumatic brain injuries (TBI). Traumatic brain injuries are often caused by an external blow to the head, such as a blow or jolt you may experience during motor vehicle accidents, construction accidents, falls from heights, or sports activities. These head trauma injuries can also be caused by violent movement of the skull or even oxygen deprivation, which can occur as early as birth. Many traumatic brain injuries involve closed head trauma, but in some cases, an object can penetrate the skull and lodge itself in the brain. This type of penetrating head injury can disrupt normal brain function and even cause permanent brain damage. 

Advanced age can be a risk factor for experiencing a severe traumatic brain injury. People aged 75 years and older account for approximately 32% of TBI-related hospitalizations and 28% of TBI-related deaths. Regardless of age, if you or a loved one have suffered a traumatic brain injury, you may be entitled to compensation under the law. 

How Much is a Traumatic Brain Injury (TBI) Case Worth?

Multiple factors are involved in calculating damages due to a traumatic brain injury. These can include the severity of your injury, its impact on your daily life, and several others. As a general estimate, the average settlement for traumatic brain injury lawsuits is a minimum of $100,000. There is no guarantee that your case will settle for such an amount, but an experienced traumatic brain injury lawyer will help you get the best possible settlement for your case.

Do You Have a Case?

A successful traumatic brain injury lawsuit consists of multiple elements, including the plaintiff’s claim that someone else’s negligence or a defective product caused the brain injury; proof of the current symptoms the plaintiff is experiencing, and proof of enduring brain complications the plaintiff’s brain injury will likely continue to cause in the future. 

Your Claim

Your traumatic brain injury claim will most likely be based on one of two legal theories, which will dictate what evidence will be required to prove your case in court. 

Negligence

Filing a traumatic brain injury claim based on the legal theory of negligence requires the plaintiff to demonstrate that the defendant is legally at fault for the plaintiff’s injury. For a negligence claim to be successful, you must prove all of the following:

1. Under the law, the defendant owed the plaintiff a duty of care (to be reasonably careful). 
2. The defendant did not act with reasonable care toward the plaintiff.
3. Depending on the circumstance, the defendant’s actions (or inaction) caused the plaintiff’s injury.
4. The plaintiff suffered losses or injuries that are considered measurable under the law.

It can be a challenge to prove that the defendant’s behavior caused your brain injury, so it is essential that you collect as much evidence as possible about your specific type of brain injury and the incident that caused it. 

Product Liability

If you believe that a defective or dangerous product caused your traumatic brain injury, you may be able to sue the companies that manufactured and distributed the product. For example, if the airbag in your car did not deploy as it was supposed to during a vehicle accident, this may be a product liability claim. 

The Symptoms That Affect Your Daily Living

Symptoms of a mild traumatic brain injury may be similar to those of a severe head injury. It all depends on the severity of the damage to the brain, the location of the damage, and other factors. Traumatic brain injury symptoms are immediately evident after an accident or incident; others may not appear until days or weeks afterward. These symptoms may vary depending on whether you suffered a severe or mild injury.

Some common symptoms of traumatic brain injury can include:

• Headache
• Nausea or vomiting
• Speech problems
• Loss of coordination or balance
• Fatigue or drowsiness
• Blurred vision and other sensory problems
• Sensitivity to sound or light
• Loss of consciousness
• Disorientation or confusion
• Difficulty concentrating
• Memory loss
• Depression or anxiety
• Sleep disturbances
• Convulsions or seizures
• Dilation of one or both pupils
• Clear fluids draining from the ears or nose
• Agitation or other unusual behavior
• Unresponsiveness or coma

The Long-Term Risks of Your Brain Trauma

Moderate to severe traumatic brain injury can cause long-term or even permanent detrimental effects. These can manifest in unexpected life challenges that include physical or mental disabilities. Some sufferers may need to adapt to a new way of life or re-learn basic life skills such as driving, reading, walking, or speaking.

Below, we will detail a few common long-term, life-changing consequences of traumatic brain injury. 

Physical Effects

TBI can cause a variety of physical issues in the long term, including:

• Chronic pain
• Sleep disorders or disturbances
• Seizures
• Hormonal changes
• Loss of bladder or bowel control
• Paralysis, muscle stiffness, or uncontrolled movements
• Difficulty walking, talking, or swallowing
• Loss of fine motor skills
• Sensory effects include vision or hearing problems; issues with smell and taste; difficulty perceiving temperature, depth, movement, and positions of the limbs, etc.

Cognitive effects

Several long-term cognitive and mental difficulties can also result from traumatic brain injury, including:

• Challenges with attention, focus, and concentration
• Mood and behavior changes
• Cognitive impairment and memory loss
• Memory issues
• Confusion
• Executive function problems (including abstract thinking, determining right from wrong, etc.)

Speech and language effects

TBI can lead to problems with speech and language, which may include:

• Difficulty with language processing
• Aphasia (problems speaking, expressing ideas, understanding language, reading, and writing)
• Slurred speech
• Difficulty regulating volume or speed of speech
• Reading comprehension issues 

Traumatic brain injury can also cause other, less quantifiable issues. For example, ongoing management of brain damage generally involves frequent imaging, such as MRI and CT scans, which can increase your risk of cancer and other future problems.

Contact Us to Seek Damages for Your Head Injury

If you or a loved one has suffered a traumatic brain injury due to someone else’s negligence or the use of a defective or dangerous product, contact us today. 

Courtroom dramas would have the public believe that every criminal and civil case leads to an explosive trial with twists and turns. The reality is that most cases are decided without ever going to trial. However, if a plaintiff in a civil case is unhappy with a settlement offer, or if a criminal defendant does not wish to accept a deal or enter a guilty plea, the next step is to move to trial. 

While there has been a steady decline in the number of cases that go to court, it is still a possibility in situations where the parties cannot come to a satisfactory agreement. If you are facing a civil or criminal legal issue, you must have a clear understanding of the advantages and disadvantages of the trial process so you can make a fully informed decision. 

Pros of Going to Trial

The idea of going to trial can be intimidating, but there are circumstances in which it is beneficial. It’s important to work closely with an experienced and knowledgeable attorney to determine whether the advantages of a trial are worth the additional time, effort, and expense. 

Provides the Chance of a Jury

One of the primary advantages of going to trial is the potential opportunity to present your case in front of a jury. A knowledgeable and experienced attorney can build a compelling narrative that lays out the facts of your case and identifies why your claim or position is justified. During a personal injury trial, for example, your attorney will have the chance to explain in great detail:

• The nature and effects of your injuries 
• Treatments, surgeries, and rehabilitation that you have undergone
• How the accident has negatively affected your quality of life 
• Details about the events that resulted in your injury

Unlike when settling the case out of court, a jury trial allows your attorney to draw on the sympathy and compassion of your peers, which can ultimately lead to higher compensation. 

Gives You More Time to Prepare

If you choose to go to trial rather than accept a settlement or plea bargain, it will give your legal team more time to prepare to present the case. It can take months or even years to go to trial in civil or criminal cases. During this period, your attorney can: 

• Gather and analyze evidence
• Speak to witnesses
• Prepare a trial strategy
• Plan for witness testimony and cross-examination

This is an important opportunity to build a strong case before formal proceedings begin. 

The Prosecution Would Be Held Responsible

The prosecutor has the burden of proof to find a defendant guilty in a criminal trial. This means that the prosecutor must prove the elements of a case beyond a reasonable doubt, which can be a challenging feat. 

The defense attorney also may be able to have evidence suppressed due to police misconduct or procedure violations, which can help secure a better outcome for the defendant. 

Higher Compensation Could Be Awarded

If your case goes to trial, it’s possible that you could receive substantially higher compensation. This is because the attorney can present the full details of the case, and the jury or judge may award non-economic damages for pain and suffering, disfigurement, or effects on your quality of life. 

Cons of Going to Trial

Despite the possible benefits of taking a case to trial, many people opt not to do so. This is no surprise considering that a typical trial is lengthy, costly, and stressful, potentially doing more harm than good. 

The following are some of the disadvantages of going to trial.

Costs Could Be More

Although there is a chance for a more favorable outcome if you go to court, the process can also be much more expensive. Attorneys spend a significant amount of time preparing for trial and presenting cases in court, all of which must be compensated. 

In criminal trials where the defendant is not using a public defender, the cost of a good attorney can be extremely high. You may also need to pay for expert testimony, causing the costs of your defense to rapidly accumulate. 

Trial Can Be Unpredictable

It’s impossible to predict how a judge and jury will perceive the rulings of law, so going to trial has a higher level of risk than a plea bargain or settling out of court. Plaintiffs in a civil case run the risk of walking away with nothing, while criminal defendants take the chance of receiving the maximum possible penalty for a crime. 

A survey by the U.S. Department of Justice found that plaintiffs win around  60% of general civil trials. In other words, while there is a good chance that your case will be successful, a positive outcome is far from guaranteed. 

In criminal cases, the odds of success are even lower. According to a study by the Pew Research Center, of the  2% of federal criminal defendants who go to trial in district court, more than 80% are found guilty. 

Pre-Trial Procedures Can Be Long

Before a trial can begin, legal teams representing both parties must go through a series of steps, also known as pre-trial procedures. Depending on the type of case, these procedures might include: 

• Filing a complaint in court 
• Answering a complaint 
• Conducting discovery 
• Motion practice 
• Trial preparation 

Each procedure takes time, precision, and accuracy. This can draw out the resolution of your case and cause increased stress and anxiety for a more extended period. If you would prefer to put this experience behind you more quickly, going to trial may not be the best choice. 

Get Legal Advice Before Taking Your Case to Trial

Deciding whether to take a case to trial is complex, which is why it’s so essential that you seek sound legal advice from experienced professionals. Whether you are facing criminal charges or pursuing a civil claim, qualified attorneys can help you carefully weigh the pros and cons of going to court. 

Contact McEldrew Purtell to learn more about the legal process and whether it would be advantageous to take your case to trial. 

You expect to receive reasonable care when visiting a doctor. Indeed, trust is placed in a doctor’s hands every day by millions of people. But just like the rest of us, doctors make mistakes, and oftentimes those mistakes can result in life-changing injury or death. Sometimes the mistake might just be an unfortunate oversight, other times it might be gross negligence or even recklessness. Yet because the burden of proof is high and juries tend to favor doctors, medical malpractice lawsuits are often complex and difficult to win. 

The Biggest Challenges That Medical Malpractice Claims Present

Medical malpractice lawsuits are almost always complex endeavors, and the majority result in defense verdicts. This is because medical malpractice claims can face numerous challenges, including:

• High burden of proof: To win a medical malpractice lawsuit, you must prove that the doctor breached the standard level of care, and that breach caused you provable injury or harm. 
• Difficulty convincing the jury: Medical concepts are often highly technical and explaining them persuasively to a jury can be tricky. Jurors tend to highly respect doctors and will stringently hold the plaintiff to their burden of proof.
• Defense-favored legal hurdles: Medical malpractice cases usually have a statute of limitations, which bars lawsuits from being brought against the doctor after a certain amount of time has passed. In some cases, certain healthcare providers may be immune from lawsuits altogether.
• Cost of litigation: Often requiring extensive evidence gathering, planning, analyses, and expert testimony, medical malpractice lawsuits can be highly resource-consuming.

How To Win Your Case

To win a medical malpractice lawsuit, you must convince the jury that your doctor failed to meet the accepted standard of care and that failure caused you injury. This is a complicated process that requires a team of lawyers with significant skill, experience, and expertise.

Form a Solid Legal Team

Having the right team of lawyers is crucial to the success of a medical malpractice lawsuit, even more so than typical personal injury cases. Technically complex and difficult to win at trial, medical malpractice lawsuits require lawyers who specialize in medical malpractice or have significant experience in handling medical malpractice cases.

A qualified team of medical malpractice lawyers has the expertise to analyze and interpret large amounts of medical evidence and have access to proficient medical experts. They can also identify settlement opportunities and skillfully negotiate a favorable outcome.

Importantly, an experienced team of medical malpractice lawyers can cover the high costs that come with presenting a strong case. Unlike inexperienced attorneys, they won’t be afraid to spend big on quality resources such as renowned experts. Most medical malpractice lawsuits are billed on a contingency basis — the attorneys cover all costs until victory is secured — you do not pay unless you win. 

Prove the Elements of Medical Malpractice With Strong Evidence

The elements required to prove medical malpractice are:

• Duty of care: The doctor being sued had a professional duty of care owed to you. You must prove that the doctor you’re suing was the doctor who provided the care that caused your injury. A patient might have consulted several doctors and received different care, or enough time might have passed between the treatment and injury that the doctor’s care can no longer be considered related to the injury.
• Breach of duty: The doctor failed to uphold that duty of care; they did not act in accordance with the accepted standards of the medical profession. To prove the doctor made a medical error as you claim, you must show that another doctor under the same circumstances would not have acted the same way.
• Causation: That failure to uphold the duty of care caused injury or harm to you. You must prove that the breach of duty of care caused you the injury, not some other cause like another doctor’s treatment, a medicine you took not prescribed by this doctor, an unhealthy lifestyle, faulty home remedies, unnecessary risk-taking, etc.   
• Damages: You suffered actual, provable damages as a result, whether physical, emotional, or financial. You must prove your current damages (e.g., lost wages, medical bills), and reasonably forecast any future damages, as well as appropriately value any non-economic damages (e.g., emotional distress, pain and suffering). 

The standard of proof is preponderance of evidence. That is, you must convince the jury that there’s a greater than 50% chance your claims are true. This is no easy task: Proving the elements of medical malpractice is a complex undertaking that requires significant legal expertise and access to qualified medical expert witnesses. Experienced medical malpractice attorneys will have the skill and know-how to maximize strong evidence, including leveraging expert testimony, to secure a favorable outcome.

Get Medical Expert Testimonies

Medical experts are licensed healthcare professionals who have specialized knowledge and experience in a particular medical field. They are called upon in medical malpractice lawsuits to provide credibility and technical expertise, often in the form of medical opinions or interpretations of medical evidence. Juries tend to find their testimony highly persuasive. As such, medical expert testimonies are crucial in medical malpractice lawsuits.

Experienced medical malpractice attorneys have access to better medical experts who can present more persuasive testimony. Good medical experts are costly. A qualified team of medical malpractice attorneys can cover the higher costs, whereas inexperienced attorneys might have to settle for less expensive options. Identifying and preparing the right expert for testimony are also important skills possessed by experienced medical malpractice attorneys.  

Strategically Negotiate Fair Compensation

Pinpointing settlement leverage and opportunities is an important part of injury law practice, especially one that specializes in medical malpractice. Because medical malpractice lawsuits are highly resource-consuming and complex, insurance companies are often willing to settle. They’re even more likely to settle against a team of trial-capable attorneys who are ready, competent, and willing to battle in court. 

A qualified team of medical malpractice attorneys can help you precisely determine the value of your case by considering the extent of your injuries and calculating past and future damages. They can also help you write compelling demand letters that’ll command immediate attention and persuade settlement. 

The Average Medical Malpractice Lawsuit Settlement

Investigation and evidence-gathering begin as soon as you retain a medical malpractice attorney. Their legal team will evaluate the strength of your claims and calculate the extent of damages. After a strong case is built, your lawyer will submit a demand to the insurance company of the healthcare provider. This marks the beginning of settlement negotiations.  

The settlement value of a case is generally the total of economic damages plus non-economic damages. Economic damages are those that can easily be calculated in dollar amounts, like medical bills, lost wages and future earning capacity, etc. Non-economic damages are the opposite — they’re harder to put exact dollar amounts to — like emotional distress and pain and suffering.

The average payout for a medical malpractice case is $329,565. Of the cases that go to trial, only around 20% result in a verdict for the plaintiff. Settlement amounts can range from under $10,000 for minor cases to over $1,000,000 for permanent disabilities due to severe negligence. Most cases will settle in the middle range of  $10,000 to $500,000.  

Get Our Experienced Attorneys on Your Case Quick

Medical malpractice cases require the expertise of experienced attorneys to help you navigate the process. They can help you best understand your rights and options, guide you through the legal process, negotiate a settlement, and if necessary, fight for you in court. Because a statute of limitations is in place for most medical malpractice cases, you should act quickly before it’s too late. 

McEldrew Purtell provides resources to law firms handling complex medical malpractice cases. We have world-class medical malpractice attorneys at the ready. Contact us today if your firm is looking for more manpower or expertise.