How Much Is My Lawsuit Worth?

The dollar value of a medical malpractice case depends on a large host of factors, including jurisdiction, severity, pre-existing conditions and possible caps on damages in your state.

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Medical Negligence – What to Expect When Suing

Statutes of limitations can vary by jurisdiction, but it is safe to assume that you have between two and three years to commence the lawsuit process. Some states have a two-year statute of limitations; some go as long as six years. But in every state, a claim will eventually expire.

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What money damages can I expect from a medical malpractice lawsuit?

If you suffered an injury because your doctor was found careless, negligent, or unprofessional, you will be compensated for the harm you suffered. The compensation is called damages. Damage awards are either compensatory and/or punitive. Click this link for articles and FAQ answers to questions about malpractice lawsuits.

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Proving Fault in a Medical Malpractice Lawsuit

The same four-prong requirement of a general negligence claim more or less applies to any given case. In the most general terms, to win a malpractice case, a plaintiff will have to show that: 1) the medical professional owed the plaintiff a duty; 2) the medical professional failed in that duty; Click here for details.

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Medical Malpractice Statute of Limitations

The statute of limitations for medical malpractice cases, or the amount of time in which you have to file suit for medical malpractice, varies from state to state. However, every state does impose some statute of limitations, so your case must be brought within that time period. In some states, the time limit can also be extended, depending on when the discovery of negligence was made. This is called the discovery rule and states usually give a person a certain number of years from the date the discovery was made to file a lawsuit.

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How long does a medical malpractice case take to resolve?

A medical malpractice case can take as little as a few months or as long as several years to complete. It really depends on the complexity of the case. If both parties can come to a reasonable settlement, then the case will not take long at all. If they cannot agree, the case will go to trial and can drag on for various reasons.

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