What to do when you’ve suffered an injury because of someone’s negligence? Healthcare practitioners must remain cautious while treating patients, but, unfortunately, many doctors have committed mistakes that caused patients to suffer heavily. Therefore, several patients seek justice against healthcare providers by filing health-related lawsuits annually. Moreover, dangerous workplace conditions can make employees diseased, after which they can file a lawsuit against their former/current employer. It’s estimated that 12,900 workplace accidents take place daily. Many workers contract dangerous ailments because of the employer’s negligence. Let’s explain how to seek justice against folks by filing health-related lawsuits.
Tips to win your health-related lawsuit
- Know the limitations
What’s the statute of limitations in your case? Every state prevents plaintiffs from seeking payment after a certain timeframe has passed. We call this timeframe “the statute of limitations,” after which your claims won’t be entertained legally. For example, most states don’t allow patients to seek payment 1-2 years after diagnosis in mesothelioma lawsuits. So, you should act quickly after receiving an initial diagnosis.
- Hire an attorney
Still considering the previous example, it’s estimated that 3,000+ Americans are killed by mesothelioma each year. So, you should contact a mesothelioma attorney to seek justice against your employer if you were exposed to asbestos there. We recommend Sokolove Law, where you can meet well-experienced asbestos exposure lawyers for leading your case. These attorneys can help you gather the evidence and convince a jury that you’re the victim here. So, remember to contact these experts while preparing for health-related lawsuits.
- Contact an expert
Some states require plaintiffs to produce a “certificate of merit” issued by another medical expert. It validates your claims that the guilty party (the doctor you’ve sued) was negligent in their duties. You must contact your lawyer to help you obtain this certificate before filing the lawsuit. We’ve seen our readers often pursue their health-related lawsuits without getting this document. Don’t forget that you must prove a doctor’s negligence before seeking justice for your injuries. So, contact experts.
- Gather evidence
You should gather the required evidence to support your lawsuit against the guilty party. Ensure you’ve collected your medical records, employment history, and other relevant documents. Your lawyer can also help you prepare the evidence properly. Moreover, your insurance information may help strengthen your lawsuit additionally. Conduct a thorough investigation to find all the evidence a health-related case needs for success. That’s how you can convince a jury you’re the victim.
- Identify potential witnesses
Who else did suffer from a similar injury? You should contact current/former colleagues and identify potential witnesses. Probably, they have important information to help you with this case. Similarly, mesothelioma patients can find a few ex-coworkers who were also exposed to asbestos while working for an organization. In the case of medical malpractice, your lawyer/s may contact on-duty nurses who can testify against the negligent provider. Gather these witnesses to make your case stronger.
- Avoid social media
Lawyers often suggest plaintiffs stay away from social media during court proceedings. Don’t forget that the defendant’s lawyers can use your social media posts regarding this lawsuit to disprove your claims. So, it’s better to keep scrolling your Facebook wall without updating your status or commenting on a post. Give your social media accounts a break! Don’t upload any pictures of your injuries. You should even stop discussing this case privately with your friends online. So, avoid social media altogether.
- Record your narrative
Your memories may betray you, because of which we suggest recording your narrative while you still remember everything. Record your version of what happened to keep the story consistent. Patients often forget minute details during court proceedings and hurt the case. Thus, write down how your negligent doctor/employer injured you. Moreover, mesothelioma patients often have this disease decades after exposure. They must be cautious about getting all the details right now.
- Tally up costs
What’s the goal of any health-related lawsuit? You’re asking the guilty party to compensate for your suffering. But have you translated your suffering into realistic amounts? Calculate the “dollar value” of the health-related problems caused by the negligent doctor/employer. Remember that you have to record your spending caused by this injury. So, calculate lost wages, treatment expenditures, and the emotional afflictions caused by the mesothelioma diagnosis.
- Communicate with lawyers
Don’t forget to keep in touch with your lawyers to proceed with your lawsuit successfully. You must maintain a healthy attorney-client relationship with consistent and transparent communication. So, inform the lawyer about any development in the case. Remember that every piece of information is crucial for your legal team to strengthen your lawsuit. Answer their questions honestly and address the concerns your lawyers have raised. Just cooperate with them to receive the eventual payment.
- Also, consider settling
Most health-related lawsuits reach out-of-court settlements. You may consider accepting the guilty party’s offer to settle without engaging in an arduous legal process. Consult with your attorney and settle if the offer seems suitable. Don’t forget to weigh your options wisely because you may lose in court. So, avoid being greedy and callous. A standard mesothelioma compensation lies between $1 and $1.4 million, while the verdict awards people $2.4 million on average. So, weigh your options!
Health-related lawsuits aren’t uncommon in the United States. Statistics indicate that one in three doctors have been sued by patients, while COVID has caused more OSHA-backed corporate lawsuits. So, how can a person seek to win these cases? We’ve described some helpful tactics to prepare for your next health-related lawsuit. Contact your lawyer and get a “certificate of merit” from medical experts. Gather the required evidence to strengthen your case and keep in touch with the attorney. Avoid social media. File the lawsuit before the statute of limitations expires. Record your version of the story, identify some witnesses, and tally up your damages. In the end, you may also settle with the guilty party if you want.