Getting into an accident or suffering a personal injury because of someone else’s negligence is one of the worst experiences a person could suffer. You could be the world’s safest worker and still get in a workplace accident because your employer was negligent. Or you could experience a terrible injury because a doctor was drinking and operating. It is even worse if the accident happens to a loved one, and nothing could ever fix that. But this shouldn’t stop you from seeking justice, though. Here are the legal ways to fight malpractice.
Gather Evidence
Whether it was a doctor causing damage, your employer, or anyone who abused their position and neglected their duties, you need to collect evidence. Take photographs and/or videos of the incident scene to document everything that happened, and also of your own or your loved one’s injuries. This will help you, later on, establish a case that proves negligence. You should also acquire witnesses’ contact information so you could reach out for their testimony in case it is needed. Evidence is the cornerstone of a legal case to fight malpractice, and it will help you prove that the negligent party was guilty, so don’t take this step lightly.
Get Professional Help
Malpractice cases are extremely difficult to handle and quite complicated. This is especially the case if you are suing a big corporation or a famous doctor because they will hire the best legal representation their money could buy. If you’ve lost a family member in a tragic accident, Ray A. Ybarra Maldonado of Ybarra Maldonado Law Group recommends you contact them. An experienced attorney will be able to handle such an intricate case to ensure that your loved one didn’t perish in vain. You need someone that you can count on to fight this legal battle and stand up to insurance companies who will try to settle for pennies.
You can’t just go with any general attorney in these cases; they won’t be able to help you and you might lose any chance you have of punishing the guilty parties. A lawyer specialized in malpractice cases knows the law in such incidents and can use it to bring the guilty party or parties to justice, which is exactly what you want.
Don’t Sign Anything
Not unless you have your lawyer with you and they are telling you that you should sign those documents. It happens quite often in such malpractice cases that insurance companies try to get out with minimal damage, if any. They might ask you to sign some documents to explain what had happened, and they would end up being documents forfeiting your right to sue, hidden away in a sub-clause in legal jargon.
They might also get you to sign medical documents showing that you had had a previous history of medical complications, if you sued your employer for a work accident, for example. The insurance company and its legal team will try to make it look that you had back problems long before the accident. This is why you have to take it slow and never sign a document without legal counsel.
Take the Case to Court If You Have to
Assuming you or any of your loved ones were seriously injured due to malpractice, the insurance company will try to settle the case without getting into a legal battle. They might offer compensation for your troubles, but it is very poor more often than not. In such cases, consult with your lawyer. Ask them if this is the most that you can get or should you take things to court. Your last legal resort to fighting malpractice is taking things to court, and sometimes it is the only way to get justice. Your lawyer would have enough experience to both advise you on the best course of action here and more importantly represent you should things get to that.
Don’t Make Any Statements
It is crucial that you don’t make any statements about the case, because they can be legally used against you. Representatives of the other side might take your words and twist them to prove that their clients are innocent. This goes for social media as well. Don’t talk about the case with anyone but your lawyer until it is over.
It will not be easy going through a malpractice case, but it is certainly worth it. You will get to see the negligent parties punished for their actions, and you’ll get justice. Moreover, you will also get compensation for your suffering, which can help you cover medical bills and lost wages due to the incident.
