Doctors, healthcare providers, hospitals, and clinics carry medical malpractice insurance. This protects them when medical negligence occurs and the victim files a claim or lawsuit. In most medical malpractice claims, this insurance carrier pays the victim’s compensation. Often, these cases settle through negotiations with the insurer instead of going to trial.
When you hire a Dallas medical malpractice lawyer to handle your claim, your attorney will manage all communication with the insurance company. They will build and present a compelling case and fight for a fair settlement based on your documented damages.
How Does Medical Malpractice Insurance Affect These Claims?
Generally, hospitals and clinics require all doctors with privileges there to carry malpractice insurance. Most facilities have policies, as well. This insurance coverage protects the policyholder from potential financial losses and damage to their practice when they act negligently and cause injuries.
While the policyholder is liable for their actions in a case, their insurance carrier pays the settlement or court payout to the victim. The medical malpractice insurer also covers the costs of defending a malpractice case. This means a victim often faces a malpractice insurance provider and their legal team when trying to secure fair compensation for their medical care, income losses, and other damages.
If you hire a medical malpractice attorney to handle your case, your lawyer will manage all communication with the insurance carrier and its representatives. This protects your rights, allows you to focus on healing, and may make it easier to secure a fair settlement.
Your Lawyer Will Negotiate With the Insurance Carrier for a Settlement
Many medical malpractice cases settle instead of going to trial. Many states require that the victim notify the accused party before filing a medical malpractice lawsuit or taking other steps to proceed with their case. This gives their malpractice insurance carrier time to investigate, consider what occurred, and possibly make a settlement offer.
Going to trial costs a lot of money and takes time. It is generally better for everyone involved if a case settles out of court, assuming both sides can negotiate a settlement appropriate to meet their needs.
When settlement negotiations occur in a medical malpractice case, the negotiating parties are typically the victim and/or their attorney and a representative from the malpractice insurance provider. This could be an adjuster, a defense lawyer, or someone else.
What Damages Will the Insurance Company Cover in a Medical Negligence Claim?
Hiring a personal injury lawyer to manage your medical malpractice claim is the best way to ensure you understand the legal process and seek fair compensation based on your expenses and losses. It is easy to overlook costs you paid or will likely pay in the future due to your injuries. Your attorney will document your current costs, estimate future expenses, and calculate a fair range for your intangible losses.
A medical malpractice lawyer will calculate how much your case might be worth and pursue the money you need to cover your current and future damages. They will negotiate with the insurance company to cover your economic and non-economic damages, including:
- Current and future medical expenses for treating your injuries
- Any related care and support costs
- Income losses due to missed work
- Diminished earning capacity for long-term injuries
- Other related costs with receipts
- Pain and suffering damages
Sometimes, victims die from their medical malpractice injuries. Their loved ones can seek compensation through an insurance settlement or wrongful death lawsuit when this occurs. The recoverable damages in these cases could differ depending on your location, the applicable laws, and other details.
Should I Hire a Medical Malpractice Lawyer to Deal With the Insurance Company?
Medical malpractice laws are complex, making pursuing compensation in these cases challenging. Negotiating a settlement with an insurance adjuster might be almost impossible while also continuing treatment for your injuries. When you hire a medical malpractice lawyer to manage your case, they will handle the entire legal process for you.
A medical malpractice attorney can assess your options, hire medical experts to support your claim, and navigate the claims process for you. They will manage all communication with the insurance carrier, including demanding fair compensation and negotiating for a settlement when possible.
Medical malpractice occurs when a medical provider does not offer an acceptable standard of care that other professionals with the same credentials in the same geographic area would. Developing a compelling case against the negligent healthcare provider and recovering compensation typically relies on testimony from other medical professionals to document what went wrong.
What Should I Do After Suffering Injuries From Medical Malpractice?
As soon as you realize you suffered injuries or preventable harm because of a doctor or other medical provider’s negligence, connect with a medical malpractice lawyer. You should not speak to the insurance company or other parties about your case without first consulting an attorney. This is essential to protect your right to fair compensation.
Doctors and other healthcare professionals make mistakes. However, medical negligence occurs when they fail to provide a patient with an acceptable standard of care. Even if you are unsure whether you have a case, discussing your options with an attorney as soon as possible is a good idea.
Most medical malpractice law firms provide free case reviews. During this initial conversation, they will ask you about your experience and the injuries you suffered. This conversation gives them a general idea about your legal options.
Discuss Your Texas Medical Malpractice Claim With Our Team Today for Free
Loncar Lyon Jenkins provides free consultations for medical malpractice victims. We can assess your case and discuss how we can help you take legal action. Your attorney can handle the insurance company and fight for the money you deserve.
We can help injured parties or families who have lost a loved one to medical malpractice. We will review your case with you for free. We can also meet virtually if you cannot come to our offices. Call in the Strong Arm when you need us most. We are here for you. Contact us today for your complimentary consultation with our team.
