If you suffered the dangers of medical malpractice, you deserve justice. Whether the malpractice was the result of a medical professional’s incompetence or irresponsibility, you have the right to seek justice for the harm you endured. It can be difficult and intimidating to stand up to a medical practice or hospital, especially when they have large, aggressive legal teams, but a Bakersfield medical malpractice lawyer who will not back down from a tough fight may be able to help.
At Ben Crump Law, PLLC, we are passionate about victims’ rights and want to help you get justice. Our legal team will work hard to build a strong case that proves the defendant’s liability. We are not afraid to go up against tough legal teams and will advocate fiercely on your behalf in settlement negotiations or in a trial. If you suffered at the hands of a negligent medical professional, you are a victim who deserves justice.
Call Ben Crump Law, PLLC today for a free consultation at (800) 641-8998 so we can discuss your case and see how we may be able to help. We work on a contingency basis, so our team is not paid unless we earn you a settlement or win your case in court.
How a Lawsuit Can Help You
There are two primary goals of medical malpractice lawsuits. The first is to get justice by holding the responsible party liable for their actions. The second is to receive compensation that will allow you to move forward from this incident without incurring further harm. A successful medical malpractice lawsuit could be very worthwhile, but when you are injured and in pain, it can be hard to think about devoting your efforts to a legal battle. With the help of a Bakersfield medical malpractice lawyer, however, you may not have to. When you hire a lawyer to represent you in your case, you can allocate the responsibility for building and advocating your case to your lawyer while you only worry about recovery.
For a free legal consultation with a medical malpractice lawyer serving Bakersfield, call (800) 641-8998
Settling Your Case Before Trial
When you file a lawsuit for medical malpractice, the initial goal is to work with the defendant to negotiate a fair settlement. A lawyer may attempt to collect evidence and start building a case prior to officially filing it with the court. That way, the attorney can make a well supported “settlement demand” to the defendant in the initial lawsuit filing documents. The defendant will see this upon receipt of the lawsuit when officially served with their copy.
Settlement Demand
A settlement demand is the amount of money your attorney has determined to be fair compensation for the injuries you have suffered. Settlement demands are based on financial expenses and non-economic damages. Non-economic damages are those which do not involve monetary costs. Instead, they compensate for pain, suffering, permanent injuries, disfigurement, and loss of quality of life.
While it can be difficult to determine a “fair” amount of compensation for non-economic damages, given that they do not have monetary value, there are a few factors that will guide these deliberations.
Damage Caps
Damages are divided into the two categories mentioned above: economic, or financial damages, and non-economic damages. When calculating fair damages, because each state has its own compensation statutes, your case will operate in accordance with California state laws. In California medical malpractice cases, non-economic damages are capped, or limited, at $250,000 according to Civil Code (CIV) § 333.2.
Therefore, if you experienced less severe pain and suffering as a result of your injury, you may receive less than this amount. Conversely, if you experienced disfigurement or permanent injury, your damages could be up to, but not over, $250,000. Regarding economic damages, there is no cap. All the financial expenditures associated with your injury can be compensated, regardless of their total.
Settlement Negotiations
Once your attorney has calculated a fair settlement amount, they will file your case, and the defendant will receive the demand when they are served their copy of the lawsuit. Afterward, the defendant will have the opportunity to respond in a few different ways. The defendant, along with their legal counsel and insurance representatives can respond by:
- Accepting your settlement demand. This would mean that the defendant’s legal team reviewed the documents included in your lawsuit, found your settlement demand reasonable, and is willing to accept liability at that level by paying you the amount you have demanded.
- Making a counteroffer. The defendant’s legal team may instead choose to counter your demand with a good faith counteroffer. This means that, after sincerely considering your losses, they are willing to accept liability for malpractice, but would prefer to negotiate the total damages award. If the counteroffer is reasonable, your attorney may be receptive to negotiating further or accepting the offer.
- Refusing to accept any liability and, thus, your settlement demand. When a defendant refuses to take liability, they are insisting there is no malpractice and declaring their decision to fight the case. At that point, the case moves past the settlement negotiations to the next stage of the process: preparing for trial.
There are many advantages to settling a case outside of court. These advantages are often an incentive for medical professionals and their legal teams to settle a case prior to taking it to trial. Going to court can be much more expensive for a medical practice than accepting liability. Settling a case is also much faster and less taxing than fighting it in court. Probably most importantly, however, is the fact that a trial is a huge risk for a medical professional.
If they are aware that there is legitimate malpractice and choose to fight the case, there is a high probability that they will lose at trial. If that is the case, they will be forced to accept the damages award determined by the jury, which could be greater than the initial settlement demand.
Bakersfield Medical Malpractice Lawyer Near Me (800) 641-8998
Call Today for a Free Case Evaluation
If you have suffered an injury by a doctor or other medical professional, you deserve justice. A Bakersfield medical malpractice lawyer can discuss your case with you and determine whether you may be eligible for damages to compensate for your injury and suffering.
To learn more about medical malpractice in California and to speak with the team at Ben Crump Law, PLLC about your case, call us today for a free consultation at (800) 641-8998. If we do not win you a settlement award or trial verdict, you pay us nothing. Give us the chance to help you get the justice you deserve.
Call or text (800) 641-8998 or complete a Free Case Evaluation form
