Monmouth County Medical Malpractice Lawyers
When you are seeking any form of medical care, you are putting your health in the hands of the professional who is tasked with helping you. When they do not take the necessary amount of care, and they cause you injury, you may be able to file a medical malpractice lawsuit. You can win your case when you are able to prove that the medical professional was negligent. First, you need to go through an arduous legal process that may involve filing a lawsuit against the medical professional and their employer. Therefore, you need the help of a medical malpractice lawyer who can stand up and fight for your legal rights.
How Do I Win a Medical Malpractice Case?
Generally, you would file a lawsuit against the medical professional who caused you injuries and their employer. They would have medical malpractice coverage, so there would also be an insurance company that is involved in your case. You could consider filing an insurance claim, but most victims start their case in court.
To win your medical malpractice case, you would need to prove that the medical professional failed to uphold the duty of care that they owed you when they provided you with services or care. Negligence means that the doctor did something that an ordinary doctor would not have done under the circumstances. The doctor is not held to the standard of the top medical professionals in their field. Instead, they are judged against an ordinary doctor of average skill and training.
Your medical malpractice lawyer would begin with your medical records. They would work with expert witnesses who would give their opinion about how the doctor fell short of the standard of care and what a reasonable doctor would have done under the circumstances. Your lawyer would also strengthen your case in the lawsuit process when they are able to request evidence in the hands of the defendant and speak to the doctor in the course of a deposition.
Will My Medical Malpractice Case Go to Trial?
You may think of your medical malpractice case as destined to end up in front of a jury because you have an image of courtroom drama based on what you may have seen on television. You may be surprised to learn that a majority of medical malpractice cases will settle out of court without the need for a trial. This is true even if you have already filed a lawsuit. Defendants and their insurance companies are adept at realizing which cases they need to settle because they do not want to face a jury when the facts and law are not on their side. However, you need to hire a medical malpractice lawyer who has experience trying these types of cases because you should always plan on your case going to court.
How Much Can I Expect in My Medical Malpractice Case?
Like any other personal injury case, your medical malpractice settlement or award depends on your specific injuries and situation. Medical malpractice cases tend to be worth more than other types of lawsuits because of both the severity of your injuries and the amount of insurance coverage available to pay for your damages. Your medical malpractice lawyer would work to quantify your damages before they file a lawsuit on your behalf. Your medical malpractice damages may include the following:
- Medical expenses
- Lost wages
- Pain and suffering
- Embarrassment and humiliation
- Loss of enjoyment of life
- Scarring and disfigurement
Even if you have eventually recovered from your medical malpractice injuries, such as when you underwent a second surgery to correct what should have been addressed in the first procedure, you have still suffered damages because of both the time and discomfort you have had to endure.
What Are My Chances of Success in a Medical Malpractice Case?
You may read about the low rate of plaintiffs winning a medical malpractice case at trial and think that you may have little chance of receiving damages. However, the majority of medical malpractice cases will settle before they reach a trial. Insurance companies and defendants understand which cases have merit, and they may be more aggressive about settling these lawsuits because they do not want to face a jury. The only lawsuits that go to trial are those cases in which the defendant adamantly denies liability or will not offer you enough compensation.
Are There Limitations on Medical Malpractice Damages in New Jersey?
New Jersey does not impose a cap on the amount of ‘compensatory’ damages that you may receive in your medical malpractice case. However, there is a limitation in New Jersey law on the amount of ‘punitive’ damages that you may be awarded if you try your case and win in front of a jury. Punitive damages are limited to either five times your compensatory damages or $350,000, whichever is greater. If you have suffered an extensive amount of compensatory damages, there can still be a large amount of punitive damages awarded, though.
How Long Do I Have to File a Medical Malpractice Lawsuit in New Jersey?
Under New Jersey law, you have two years from the date that a cause of action accrued to file a lawsuit seeking compensation. This time period begins to run either at the time that the doctor made the error or when you discovered that you were injured because of medical malpractice. However, you do not always know at first that you are the victim of medical malpractice. For example, you may find out one year after a procedure that the doctor made a mistake, and you need a second surgery. The statute of limitations would begin to run then. Nonetheless, you need to contact a lawyer early after you learn that you have been the victim of medical malpractice because your lawyer needs time to do their job and file a lawsuit complaint on your behalf.
Do I Really Need a Medical Malpractice Lawyer?
Medical malpractice cases earn their reputation as difficult to develop and take to trial. Not only are these cases very scientifically intensive, but there is also a large amount of money at stake. You do not want to take any chances by being unrepresented by a medical malpractice lawyer for any amount of time. It is virtually impossible to win a medical malpractice case on your own without the help of a seasoned lawyer.
The medical malpractice lawyers at Lombardi & Lombardi, P.A. have been serving clients for more than 35 years. One of the reasons why so many clients have trusted us with their cases for nearly five decades is that they know that we will fight for them to the fullest extent possible.
Contact the Monmouth County Medical Malpractice Lawyers at Lombardi & Lombardi, P.A. Today for Help with Your Case
If you have been injured by medical negligence, get legal help from the Monmouth County medical malpractice lawyers at Lombardi & Lombardi, P.A. Our medical malpractice lawyers are available to discuss your case during a free initial consultation. To schedule an appointment to speak with a lawyer, call us at 732-906-1500 or submit our online form. Our offices are located in Brick, Freehold, and Edison, New Jersey, and we proudly serve clients throughout New Jersey, including Point Pleasant.
