Bronx Medical Malpractice Lawyers
When you have been a victim of medical malpractice, logging a claim or contacting a lawyer can be daunting and scary, especially if it is against a seemingly big hospital or doctor. Most victims will want to move on from the ordeal and focus on healing and seeking proper medical care, rather than seeking legal counsel and moving forward with a claim, which is why Bronx Personal Injury attorneys aim to take your mind off all the legalities by handling them completely, so you can focus on healing and getting the right care you need, while we worry about getting you the compensation you deserve for your pain and suffering.
Beginning the process
As with all personal injury cases, Bronx Personal Injury Lawyers will attempt to obtain a settlement outside of court. If this cannot be achieved, our team will proceed to civil court, should the claim be valued at less than $25,000. If the claim is more than $25,000, we will proceed to the supreme court. A civil action begins with filing a complaint with the clerk of the court. This claim needs to have the full and correct name of every plaintiff and defendant, a short and clear statement of the facts of each claim, a demand for compensation and, or any remedy the court allows. This complaint allows the defendants to be advised that the case has proceeded to court and the defendant then has 30 days to file a response.
Compensatory damages are split into two categories: actual & general damages. Actual damages pay for items needed as a result of malpractice, such as; medical bills to correct the injury, any and all medicine required or prescriptions, loss of income, or any physical therapy or rehab that may be needed. General damages are offered for; pain and suffering, loss of enjoyment of life, or any future medical costs you may endure. These are offered to assist in the consequence of malpractice on behalf of the defendant.
How to choose the right law firm
Medical malpractice cases are extremely sensitive as the pain and suffering, both physically and mentally, are usually greater than those of any other case. The victims are often traumatized and focusing on trying to move forward with their life. You need attorneys who understand this. Bronx Personal Injury Lawyers make it our goal to ensure you are looked after and receive the right medical treatment, all while serving justice to those who have caused you pain. Call us today to meet one of our top attorneys to help you move on with your life while getting justice, because no one deserves to suffer at the hands of someone else.
If you are partly to blame, can you still file a claim?
New York recognizes pure comparative fault. This means that any award of damages that you are provided are reduced in proportion to your/ the claimant's fault in the injury. This assists in getting complete and fair compensation, not only for the victim but for the defendant. As a result of this, there is a modified system that does not allow the case to move forward if the plaintiff has contributed to more than 50% fault of their injury. This case will then be thrown out and the plaintiff will be barred from recovering compensation.