Category: Personal Injury Law

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.

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.

Personal injury damages are typically calculated by adding up the total special damages (like medical bills) and using a multiplier to then calculate general damages (like pain and suffering).