Carolina Accident Lawyers

Valuing Your Personal Injury Claim

Valuing Your Personal Injury Claim

Charlotte NC Medical Malpractice Lawyer

One of the most common questions that personal injury claimants ask their Charlotte medical malpractice attorney is how much their case is worth.  Valuing a personal injury claim is not an easy thing to do, especially at the initial stages when your attorney does not have all the facts.

 Even once your Charlotte medical malpractice attorney has obtained all the facts through investigation and discovery, there are still many factors that need to be considered to determine the value of a personal injury case. These factors include:

  • How many medical bills you have accrued
  • Whether you had to be hospitalized as a result of your injury
  • Your pain and suffering
  • The effect of your injuries on your marital status and loss of consortium
  • Whether your injuries are permanent, including permanent disfiguration
  • Your total loss of income as a result of your injury
  • The extent of liability of your party
  • The amount of solid evidence available to build your case
  • The strength of the defendant’s case
  • The status of the law as applicable in your particular case
  • The ability of the insurance company to litigate your case

 These are only some of the factors that your Charlotte medical malpractice attorney will need to consider in determining the value of your case.

 Contact the Medical Malpractice Law Firm of Bice Law

If you believe you have suffered injury or harm due to medical malpractice, take the first step to protect your legal rights contact the personal injury firm of Bice Law.   We serve families across both North and South Carolina. You only have a limited time after your injury to file a claim, however, so you must act quickly.  Contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a medical malpractice attorney.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf

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Why Medical Malpractice Cases May be Rejected

Charlotte NC Medical Malpractice Lawyer

According to the Kaiser Family Foundation,  in 2011 alone 9,497 medical malpractice claims were paid, with 256 of those claims being from North Carolina and South Carolina combined.  Statistics from the U.S. Bureau of Justice show that plaintiffs won less than a quarter of the trials, and on average plaintiffs received $400,000.

It must be proven that the physician violated or fell below the standard of care and that the the violation caused ongoing damages.

The expertise of physicians, nurses and hospital staff will need to acknowledge something went  wrong and that the error caused the patient additional health issues.

There are five things to consider when you are unsure if you have a medical malpractice case:

1. If you recovered

2. If you situation is complicated by other factors

3. You received the standard care

4. If your outcome falls within the acceptable risks

5. If there are other ways to address the problem

Contact the Medical Malpractice Law Firm of Bice Law

If you believe you have suffered injury or harm due to medical malpractice, take the first step to protect your legal rights contact the personal injury firm of Bice Law.   We serve families across both North and South Carolina. You only have a limited time after your injury to file a claim, however, so you must act quickly.  Contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a medical malpractice attorney.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf

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North Carolina Medical Malpractice

Charlotte NC Medical Malpractice Lawyer

The North Carolina Medical Board announced that a doctor had their license  pulled on Monday following accusations of prescribing patients dangerous amounts of narcotics for over six years.

The eleven page report shows that three of the doctors patients had died, all receiving extremely high doses of narcotics prescribed by this doctor.

“The board takes matter like this very seriously and the action, the summary suspension is a very serious action.  It’s basically an emergency action.  It takes the licensee out of practice immediately,” said Dena Konkel with the North Carolina Medical Board.

The concern with the doctor started in 2006, according to a report out by the NC Medical Board when they ordered him to take a prescribing course after allegations he prescribed medications to people buying and selling drugs along with people who have died from overdosing.

Again in 2008, another investigation against the doctor ensued, finding that the doctor had still not gotten things in order at his practice. At this time the board sat down with the doctor, reviewing options for his continued negligent behavior.

It was not until this year along with the reports of three deaths of that doctors patients that the license was actually pulled by the medical board.

Contact the Medical Malpractice Law Firm of Bice Law

If you believe you have suffered injury or harm due to medical malpractice, take the first step to protect your legal rights contact the personal injury firm of Bice Law.   We serve families across both North and South Carolina. You only have a limited time after your injury to file a claim, however, so you must act quickly.  Contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a medical malpractice attorney.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

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Commonly Used Defense Strategies in Charlotte Medical Malpractice Cases

Charlotte NC Medical Malpractice Lawyer

In medical malpractice cases, the doctors and hospitals accused of injuring patients through negligent care often use a few similar legal strategies. Below are some commonly used tactics that you should watch out for.

They Blame You

Your Charlotte medical malpractice attorney will know that many medical malpractice defenses will argue for contributory negligence. The defense may say that even if they were partly at fault for your injury or condition, you also are partly to blame as well. This may negate part or all of the defense’s liability for your injury. When these cases involve doctors, it is not unheard of to allege that you failed to obey your doctor’s orders and caused or exacerbated the injury.

Playing the Waiting Game

Most criminal and civil charges have time limits, or statutes of limitations. Your Charlotte medical malpractice attorney will know the state-specific laws that set out the time frame that your claim must be made within. Though time may have expired on your medical malpractice claim, there are special exemptions. For example, the Discovery Rule allows you to bring your claim after the time limit if you had only recently discovered the injury or damage done. Upon discovery, you must make your claim within 6 months for it to be valid. A Charlotte medical malpractice attorney will know the statute of limitations for your specific claim so if you are concerned about time having elapsed contact a Charlotte medical malpractice attorney today.

Claiming Immunity

There are certain legal immunities that are available to some medical organizations. These immunities can be for charity, government, or regulatory purposes. Due to the lobbying system, powerful medical agendas have obstructed the reform of medical torts and have made the process for obtaining restitution more difficult. In some cases, there are maximums to the amount of money you may be awarded, depending on your injury. Your Charlotte medical malpractice attorney will be well versed in the latest legal decisions that may affect your path to compensation.

Contact the Medical Malpractice Law Firm of Bice Law

If you believe you have suffered injury or harm due to medical malpractice, take the first step to protect your legal rights contact the personal injury firm of Bice Law.   We serve families across both North and South Carolina. You only have a limited time after your injury to file a claim, however, so you must act quickly.  Contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a medical malpractice attorney.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

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Negotiating a Settlement in Your Medical Malpractice Case

Charlotte NC Medical Malpractice Lawyer

Your Charlotte medical malpractice lawyer will need to evaluate your case before he can give you a ballpark idea of the size of settlement you may be able to receive. Medical malpractice cases do not always settle for the exorbitant amounts you hear about in the news.

How Case Value Is Determined

Numerous factors can affect case value, including the degree to which the defendant was negligent and cost to you—medical treatment, loss or wages, etc. Medical malpractice claims are often built up somewhat with pain and suffering demands.

 The Initial Demand Figure

When your lawyer makes the initial demand to the defendant’s insurer/lawyers, you should not expect that this will be the actual sum of final settlement. Generally negotiations over medical malpractice settlements are somewhat like buying a used car. The seller has an asking price, the buyer offers less, and hopefully they come to an agreement somewhere in the middle.

 If the Initial Demand Is Very High

Given the above, it might seem logical that your Charlotte medical malpractice lawyer set the initial demand figure artificially high. This tactic never works. The insurance company will in almost all cases reject the figure altogether, or not even respond to the demand at all. From the perspective of an insurance company, receiving such a demand signals an unwillingness to negotiate a reasonable settlement. The insurer will generally return by holding out for a trial. Such a tactic, then, can significantly delay settlement, and even backfire on you and your lawyer.

Contact the Medical Malpractice Law Firm of Bice Law

If you believe you have suffered injury or harm due to medical malpractice, take the first step to protect your legal rights contact the personal injury firm of Bice Law.   We serve families across both North and South Carolina. You only have a limited time after your injury to file a claim, however, so you must act quickly.  Contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a medical malpractice attorney.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

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What Jurors Want in Charlotte Medical Malpractice Cases

Charlotte NC Medical Malpractice Lawyer

A qualified Charlotte medical malpractice attorney will be familiar with the nuances of jury expectation and predisposition at trial. The attorney will apply his or her knowledge of in presenting a case that best persuades to the jury.

 Observing Medical Malpractice Cases

Medical malpractice lawyers have observed juror tendencies by relying on tools such as post-trial juror interviews and mock trials. Through their research, they have discovered several strategies and arguments that will win over the greatest number of jurors at trial. Listed below are some of the jury penchants the Charlotte medical malpractice attorneys have discovered and will take into account when your case goes to trial:

 1. Jurors usually have more anti-plaintiff biases than anti-defendant biases.

A plaintiff and the defendant in a medical malpractice case each have a fair chance of winning a favorable verdict from the jury. But the injured plaintiff enjoys an advantage in that jurors generally tend to regard doctors and other medical professionals in high esteem, which might be enough to tip the scales in their favor in a close case.

 2. Jurors’ opinions about doctors in a malpractice case can be significantly influenced by their opinions about their own doctors.

Jurors who implicitly trust their doctors to the point of almost never seeking second opinions on diagnoses are more likely to find in favor of the defendant. Meanwhile, jurors who frequently switch primary care physicians and regularly seek second and even third opinions are more likely to find in your favor.

3. Jurors distrust paid medical experts with a history of testifying for one side or the other.

Jurors are suspicious about medical experts who are frequently hired to testify only by the plaintiffs or only by the defendants. Jurors understand that these experts may have an incentive to selectively interpret facts to bolster someone’s preconceived opinions, so they will place more faith on an expert who is demonstrably objective and had testifies regularly for both sides. Your Charlotte medical malpractice attorney may thus seek medical professional with a balanced history of testifying for both sides for your case.

 4. Jurors want to be educated.

Decision on the medical malpractice cases are often based on medical evidence that might be expressed in terminology that is unfamiliar to the typical juror. Charlotte medical malpractice lawyers who properly inform the jurors and explain complicated medical subjects using simple terminology and detailed examples will likely perform better in trials than those who use advanced medical jargon in an attempt to impress the jury.

Contact the Medical Malpractice Law Firm of Bice Law

If you believe you have suffered injury or harm due to medical malpractice, take the first step to protect your legal rights contact the personal injury firm of Bice Law.   We serve families across both North and South Carolina. You only have a limited time after your injury to file a claim, however, so you must act quickly.  Contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a medical malpractice attorney.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

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