If you believe that you were a victim of medical malpractice, then you have several choices. You could ignore the situation, you could possibly file for an insurance claim, or you could file a lawsuit. A lawsuit has the potential to win you the largest amount of money, but it can also be a long and costly process.
On top of that, you need to know that every state has different laws regarding these lawsuits, so a strong case in one state might be really weak in another. To help you decide if a lawsuit is right for you, here are some of the key rules to consider when it comes to medical malpractice lawsuits in Arizona:
The Statute of Limitations
Every state gives you a specific period of time to file a lawsuit, and many states often have different limits for regular personal injuries and medical malpractice claims. In Arizona, you have 2 years to file a medical malpractice claim.
However, this isn't quite as simple as it might first appear. The two years doesn't always start counting on the date of the negligence, which means that you can actually extend your window of opportunity quite a bit. To do so, you will need to prove that you didn't know about the extent of your injuries, and, equally importantly, that you could not have known about the extent of your injuries.
This is a fairly simple matter when it comes to conditions that may not exhibit symptoms for several years, but you might also be able to make a case if you can prove that the healthcare provider misled you about the state of your health. Such fraud can be grounds for pretty significant damages, so that could potentially increase your payout.
Damage Caps
Fortunately for you, the constitution of Arizona specifically says that damages cannot be limited. What this really means is that you can ask for as much money as you want.
As far as economic damages are concerned, this doesn't really matter all that much. You can only ask for as much financial distress as you can prove, and those damages aren't normally capped anyway.
Where this does matter is the field of non-economic damages, which mostly involves pain and suffering. The lack of a cap means that you can ask for a lot of money without being restricted. That being said, you won't necessarily win sympathy points with the court if you ask for an exorbitant amount of money.
For a personal injury lawyer, contact a law firm such as Hensley Law Team.
Share25 March 2016
When I started my first small business, I had no idea how much I really didn’t know. I was fully prepared to deal with customers, sell product and even handle complaints and returns. What I wasn’t aware of was that there is so much more to it. I was lacking the legal expertise to protect the company and myself. I wanted others to benefit from my experience, mistakes and lessons learned, so I started this blog. From employment law to the legal business contracts you’ll have to sign when you form partnerships, business law is complex. I hope that the information here will help you to be better prepared when you start your business so that you’ll know when you need to call an attorney and when you can handle things yourself.
