Medical Malpractice cases range from cut-and-dry incidents that have a fairly short duration, to long-winded, exhausting, complex cases that can overwhelm the plaintiff, defendant, and their legal teams. Unfortunately, with the financial power behind the defendants, the latter is more common. Here are some of the reasons that medical malpractice cases can be long and difficult.

1.  They’ll Do Anything to Make You Go Away

Malpractice cases are not fun, to say the least. Lawyers on the side of the defense take advantage of this fact, and it can result in a very real phenomenon known as litigation fatigue. They will use every bit of power and leverage they have to extend the lawsuit into infinity in the hope that you will give up. This can be very expensive on your end. Known as continuances, these are especially popular when the plaintiff is elderly, and the hope is that the plaintiff will pass away. There is a reason that litigation is seen as a cruel and messy game.

2.  Expert Witnesses Have Tricky Schedules

Testimony will require a significant time commitment on the part of the plaintiff and defendant, their legal teams, and their expert witnesses. Coordinating this can be a nightmare, especially since it deals with two incredibly busy industries – health and the law- in which the people involved have very tight and tricky schedules. When witness testimony is “outsourced,” so to speak, for an expert outside of the original incident, known as an expert deposition, the case can be extended again. This is another way defense attorneys seek to delay cases from reaching the settlement or trial stage.

3.  Your Compensation Expectations are Excessive

Putting a monetary value on an incident of medical malpractice is a difficult task. While attorneys and insurance representatives deal with these numbers every day, chances are you are unfamiliar with putting a price on pain and may have exceeded expectations when it comes to the demanded compensation. When deciding on a settlement range, be sure to take the advice and value the insight of your medical malpractice lawyer, who can help speed along the process by advising you against an excessive demand.

4.  Tort Reform

Tort reform refers to proposed changes in the civil justice system that aim to reduce the ability of victims to bring tort litigation or to reduce damages they can receive. In other words, a nightmare for the plaintiff in a medical malpractice case. Healthcare lobbies pay state politicians in an effort to create legislation that caps damages payments at a certain level.

5.  Broke Courts

Cases are scheduled and held based on the date they are filed with the courts. That means that not only cases are lined up before you, but they may be facing delays as well, including a long, drawn-out trial that can keep you waiting beyond the time you would expect. This happens because courthouses are working on a tiny, insufficient budget and don’t have the resources to prioritize any one trial over another.

Hiring a disability attorney to represent you in a court of law is essential especially if you want to increase your chances of winning a case. Although there are circumstances where individuals who personally represent themselves in a social security case end up benefiting, according to statistics, having legal representation boosts the success rate. Below are some of the advantages of hiring a disability lawyer.

Filing of Appeals

When it comes to receiving disability benefits, you’ll need to hire an experienced legal attorney who will file your appeal. There are usually quite a number of disability cases that aren’t heard since they often lack legal backing. Social security cases are complex and usually undergo numerous appeals with deadlines. Hiring a disability lawyer, therefore, ensures that your case is heard within a stipulated timeframe.

Handles paperwork

Applying for disability benefits is usually a daunting task as you literally have to submit numerous filled forms about your medical condition, limitations, educational history, and work experience. This painstaking procedure is time-consuming and can be an issue especially when you are in poor health. Luckily, by hiring a disability lawyer, you are basically exempted from all the application procedures and paperwork it involves.

You won’t miss any appointments

Disability attorneys ensure that you never miss any appointments or important hearing dates. Since the Social Security department is usually strict when it comes to case deadlines, having a good lawyer will ensure that the entire process runs smoothly.

They can communicate with medical providers

The other reason why hiring a disability lawyer is recommended is when it comes to getting a supportive medical report. Often cases with a doctor’s opinion usually have a high success rate. An experienced lawyer, therefore, facilitates that. Doctors are usually more likely to cooperate quicker with a disability lawyer than a patient since some of them are also unaware of how the entire disability procedure works or may hardly have the time to fill out their forms.

Representing you in court

A disability lawyer is will represent you before the judge during your hearing and will answer all the questions pertaining to your case. During pre-hearing, an attorney can ease the entire process by asking you the right questions so that you can answer them in your favor. Lastly, an attorney will cross-examine and question any expert’s opinions that may not be in your favor.

Ensuring that you get full compensation

Hiring a disability lawyer will ensure that you get the full benefits of your claim. Although proving when your disability began is usually a challenge, an experienced attorney will help you do that and exempt you from making costly mistakes that can hurt your claim.

Conclusion

Making a social security disability claim is usually a complex process that requires you to go through the social security administrative system. In other words, these types of claims are quite different from a personal injury lawsuit and require an in-depth understanding of how the entire system works. On the other hand, when it comes to legal representation precisely in an injury case, an injury lawyer Lafayette is your best bet to getting fully compensated.

Many people out there who need support with their Social Security Disability are greatly overwhelmed by what the process looks like. On the face of it this can appear to be a minefield of jargon, legal processes and highly specific criteria. This however shouldn’t put anyone off going through this process and it is exactly why a disability lawyer or a workers’ compensation lawyer should be on your side, fighting for you and getting you all of the help and the support which you need. There are many benefits to using a lawyer, and these are the reasons why you should look for that support.

Painful Paperwork

It can often seem that the government are trying to make this process as hard as they possibly can, especially when it comes to the wide range of paperwork which you will have to fill out. There  are over 40 pages of forms which require your information around your disability, your medical and work history, as well as a plethora of questions and details which you have to give answers to. Thankfully however, lawyers are pros when it comes to this and they will be able to relieve you of the burden of filling it all out.

No More Lines

There is an awful lot of waiting involved during this process, and standing in lines is no fun at all. Using a lawyer means that you will no longer have to stand in government lines waiting your turn, as they will be able to take care of it all for you.

Speeding Up The Process

The reason why this is often such a slow process for people to go through is that there are checks with need to be done, there is information which may not be quite right and there is a lot of learning to be done en route. Lawyers however will not send anything off until it is right and they will know exactly what they should be asking for with regards to your claim. This ensure that the process is fast and very smooth for you.

Staying on Time

Deadlines and appointment times are very tight, and the Social Security Administration are not too forgiving for those who end up missing these critical timings. The legal team that you use however will be on top of everything and they will ensure that all deadlines are met with ease, and that you are aware of what is required of you, and when.

Dealing With Rejection

If your application is denied, you will have to go through a painstaking hearing in which you have to set forward your claim and your reasons for applying. The workers compensation lawyer however will take this in their stride and they will be able to fully prepare the case in order to give you the best possible chance of success. If you are looking for an accountant, be sure that he is a licensed accountant who passed his CPA Exam with flying colors.

Don’t struggle no your own, seek the help of a disability lawyer for you application.

Getting fair treatment while making a personal injury claim can sometimes be an uphill task when you are dealing with a disability. This is largely due to how ableist people can be.

If you have been injured and you are considering making an injury claim, you might be wondering how to go about it to get the best results. Most people would advise that you get a disability lawyer to handle your personal injury claim. However, when do you need a lawyer?

The most obvious answer to when you should hire a personal injury lawyer is as soon as possible. You should hire a personal injury lawyer shortly after the incident so they are a part of the entire process of your claim. Below are the reasons why.

A personal injury lawyer will spearhead discussions.

Many times you may not be in the best frame of mind to advocate for yourself as a person living with autism or to advocate for your injured autistic child because the case feels a little too close to home. The party that caused the injury and their Insurance companies can leverage this to either get away with paying for medical bills or to pay less than they should. This is where a lawyer comes in. Your personal injury lawyer will ensure that the medical bills are paid. With this in mind, it is, therefore, necessary to engage the services of a personal injury lawyer once you leave the emergency room so the process goes faster and smoother.

Hiring a personal lawyer on time will help you avoid statute of limitation issues.

This particularly applies to when the personal injury was caused by a medical institution. If you or your autistic child has been the victim of medical malpractice, you are well within your rights to file a medical malpractice claim. However, there is a time limit for filing your claims depending on what state you are in. Each state has its laws on the timeframe for you to notify the doctor about your claim. Additionally, hiring a personal injury lawyer on time gives you and your lawyer enough time to work on your case, especially seeing as medical malpractice claims are often time-consuming.

A personal injury lawyer will ensure you get the help you need.

Medical attention is important in personal injury claims as they not only will give you good treatment, they can also act as expert witnesses who can speak about the extent of injury you have sustained and how this can affect you, particularly as an autistic person. This expert testimony will come in handy if your case goes to trial. When you hire a personal injury lawyer on time, they can ensure that you get the right medical attention you need. This is because personal injury lawyers always have connections to the right medical doctors for your case since they are well-versed in the field of personal injury claims.

Irrespective of how easy or difficult your case may be, you should engage the services of a personal injury lawyer. They will ensure that you get the fair treatment that you deserve in a world that is often unfair.

There are several possible reasons behind an unsuccessful worker’s comp claim but, more often than not, it comes down to a handful of common causes. Sometimes, fraudulent claims are understandably denied after investigation, but technicalities and poor legal representation play a far bigger role in worker’s comp denials. As we quickly go through the common causes, it should help us both understand and tackle them in the best way possible.

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Cause Cited: Discrepancies and Contradictions

The collection, organization and presentation of paperwork to the insurance company must be completed with the professionalism that it deserves. In the absence of an experienced personal injury lawyer’s guidance, people are likely to make common mistakes which lead to inconsistencies and contradictions. Quality workers comp lawyers eliminate any chances of that happening to their clients, even if that client has been denied the claim on a previous occasion because of:

• Discrepancies between the worker’s initial report and the documented medical record of the incident
• Discrepancies between the worker’s own statement and the police report
• Proof that contradicts the injured worker’s own statements about the incident
• Medical records that contradict the worker’s comp claim statement
• Insufficient number of witness reports
• Witness reports that fail to corroborate the injured worker’s statement properly
• Poor formatting

Cause Cited: Pre-Existing Condition(s)

Insurance investigators will sometimes try to relate the received workplace injury to a preexisting medical condition which the worker already had prior to the accident. If they are able to do so in some way or the other, the worker’s rightful compensation may be denied by the insurer. It might be a false cause as:

• Pre-existing health conditions are not legal grounds for denying a worker’s comp claim
• Injured workers are entitled to all worker’s comp benefits, even if a pre-existing condition was already affecting the injured body part
• Workers can receive full compensation for preexisting conditions, provided that their injury was indeed responsible for aggravating the pre-existing condition

Cause Cited: Substance Abuse

If any illegal or non-prescribed, controlled drug is found in the worker’s system after the injury, their claim will be denied. However, in order for this denial to be valid, the substance found in an injured worker’s system must be:

• Completely illegal, or
• Legal drug(s) not prescribed by a certified medical practitioner, or
• Any substance/drug which is known to have mind-altering effects, irrespective of its legal status (alcohol is a prime example).

Note that even if marijuana use is legal in the concerned state, or if it was only alcohol that was found in the bloodstream of the injured worker, their claim is likely to be denied. Legality of the substance itself is secondary because working under the influence of any mind-altering substance is, by itself, an illegal act in most cases.

As you should understand by now, some of the cited reasons have no legal basis. Insurance companies may often attempt to make their unfair decision seem perfectly legitimate if they become aware that the injured party does not have adequate legal presence to guide them. They are far less likely to deny legitimate claims if you do have a personal injury lawyer by your side though.