When healthcare providers deviate from the accepted standards of care, and patients suffer adverse health effects as a result, it may constitute medical malpractice. Unfortunately, several types of medical mistakes commonly occur, causing injury or illness, worsened health condition, or death for patients.
If a patient believes medical malpractice has occurred, then it is best to start consulting legal representation. Documents a lawyer might require can include medical records, hospital records, labs, and even doctor and nurse notes. These can be used to prove several of the elements of malpractice, which might also be referred to as the four d’s.
A Personal injury lawsuit is the civil route that an injured victim can take to recover financial compensation from the party responsible for his or her injuries. The burden of proof lies with the victim to prove that the accident was due to the negligence of another party, and that it resulted in injury or death. If this can be proven to the court, then the injured party may be awarded damages. The claim might also be resolved through a settlement prior to trial.
If you were injured in a trucking accident in Chicago, Berwyn, Oak Lawn, Cicero, or a nearby community, call the injury attorneys at Lloyd Miller Law for a free consultation.
Before you can file a medical malpractice claim, you will need to obtain an affidavit from a medical professional stating that he or she believes you have a valid claim and that there has been a violation of the standard of care. The healthcare professional who provides the affidavit will need to review your medical records and then execute the affidavit before a lawsuit can be filed. The medical professional should have expertise in the field of the alleged malpractice.
There are four main types of worker’s compensation that you may be entitled to. A Chicago workers’ compensation lawyer can help you understand what type of compensation you are likely to receive, depending on your unique situation. The four main types of worker’s compensation benefits are medical, lost wage, vocational rehabilitation, and death benefits.
Semi-trucks are so much bigger and heavier than passenger cars that the occupant of smaller vehicles are especially vulnerable if an accident occurs. Victims often suffer permanent injuries that impact them for the rest of their lives. The financial burdens that accompany truck accident injuries can easily soar to the hundreds of thousands, or even millions of dollars. Fortunately, accident victims may be able to sue the truck driver, the insurer, the trucking company, and others to recover compensation.
A witness who typically testifies in a wrongful death lawsuit is either an expert or a layperson. Lay witnesses frequently have direct ties to the case and testify based on their personal knowledge. They include witnesses to an accident and people who knew the victim. They do not have any training, special knowledge, or expertise related to the lawsuit.
Bicycle & pedestrian accident lawyers help injured plaintiffs determine when a pedestrian can sue a driver in civil court. Lawyers work to estimate the allocation of fault. If they determine that you, the pedestrian, are less than 50 percent at fault, you may have a good case. You must be injured and have suffered compensable damages. In trials, juries are the finders of fact and also act to apportion responsibility for the accident. Before proceeding with a case, your lawyer assesses whether you were involved in situations such as jaywalking, walking while seriously impaired by alcohol or drugs, not using a sidewalk when one was readily available, walking along a highway where pedestrians are not allowed, soliciting for donations, crossing against a crosswalk signal, or hitchhiking.
Due to its subjective nature, there is no precise method by which the financial value of a slip and fall victim’s pain and suffering can be measured. Insurance companies often dispute the monetary value of the pain and suffering slip and fall victims experience due to their injuries. Accordingly, insurance companies sometimes claim that slip and fall victims are exaggerating the pain and suffering they are experiencing. Insurance companies present arguments that cause a victim’s pain and suffering to be undervalued.
The common way car accident victims receive compensation is by filing a claim after a car accident with the at-fault driver’s insurance company. To file a personal injury claim, you need to contact the other driver’s insurance company and inform them of the collision. Prior to contacting the other driver’s insurance company, it is advisable to hire a car accident injury lawyer. Filing a claim with the other driver’s insurance company is known as a third-party claim. It is called a third-party claim because you, the victim, do not have a contractual relationship with the at-fault driver’s insurance company.