New Jersey Medical Malpractice Case Timeline
If the negligence or recklessness of a physician or medical provider causes you to suffer injuries, you may be able to recover lost compensation under medical malpractice laws in New Jersey. However, it may take some time for your medical malpractice case to come to a resolution. While you’re waiting for your medical malpractice claim to settle, you will likely incur significant financial losses, such as medical expenses and lost income. It’s natural to be nervous about the timeline for a medical malpractice lawsuit because you need to settle your claim quickly in order to relieve the financial burden associated with your injuries and instance of medical malpractice.
Consulting with an experienced medical malpractice lawyer in New Jersey as soon as you think you may have been injured by a medical error or negligence is strongly advised. The sooner a lawyer starts investigating your claim of medical malpractice, the sooner the lawyer can file an insurance claim and a medical malpractice lawsuit if needed. Sadly, it usually takes some time for a claim or lawsuit to come to a resolution.
In Most Cases, Claims Settle Out of Court
In a majority of cases, medical malpractice claims are settled without needing to file a lawsuit. After a lawyer has gathered enough evidence to prove that medical malpractice took place, the lawyer will then file a claim with the liability insurance provider of the doctor or health care provider. The lawyer and the insurance provider will then exchange information and evidence relating to the malpractice claim.
Your lawyer will then start to negotiate a fair settlement for the claim with the insurance provider on your behalf. If the insurance provider refuses to act in good faith and settle the claim for a fair amount, your lawyer may suggest filing a medical malpractice lawsuit to protect your legal rights. It’s important to remember that the lawsuit may be settled at any point before a jury arrives at a final verdict, meaning that your claim may be settled even after filing a medical malpractice lawsuit.
Standard Timeline for Medical Malpractice Lawsuits in New Jersey
There is no clear-cut answer for how long a medical malpractice case will take because there isn’t a set deadline for when a lawsuit has to come to a resolution. The statute of limitations establishes a deadline for filing a medical malpractice lawsuit, but it doesn’t establish a timeline for how the case proceeds after the suit is filed. The time required for the case to proceed to court and obtain a verdict could take months to years, depending on the unique factors related to your individual case.
There are several stages to a medical malpractice lawsuit. After filing the initial complaint, the parties usually enter into the discovery phase. During this phase, both parties will exchange any and all information and evidence, while continuing to gather evidence and build their respective cases. Depending on the circumstances of the case, the discovery process could take months or nearly even a year to complete.
After the discovery phase, the involved parties will file various motions with the court and continue settlement negotiations as both sides prepare for trial. Scheduling a trial date depends primarily on the court’s schedule, the motions filed by the involved parties, and any ongoing settlement negotiations relating to the case.
A medical malpractice trial could possibly take a week or longer to come to a close. After the jury arrives at a verdict, it could potentially take many months to obtain compensation from the other party in the event your case is successful. The other party could try to avoid paying the jury verdict by filing an appeal. All appeals would need to be exhausted before you could take further legal action to collect the legal compensation awarded in your trial. A medical malpractice suit under appeal could take many years to come to a resolution.
Call a New Jersey Medical Malpractice Lawyer for Help
Give us a call today to discuss your case. Our team of New Jersey medical malpractice lawyers understands that you are dealing with financial strain due to malpractice. We will work tirelessly to make sure your claim is resolved as quickly as possible and that you obtain a fair settlement for your damages that are in line with the value of your case.
New Jersey Medical Malpractice Injuries
We would like to think that medical negligence isn’t a cause for concern, but statistics show that medical malpractice is responsible for nearly 120,000 deaths each year. It may be shocking to know, but less than 3 percent of malpractice victims ever pursue compensation for their injuries by filing a malpractice claim. All victims of medical malpractice deserve full and fair compensation for their damages resulting from the negligence of a trusted health care provider.
When a physician or medical facility makes a mistake while providing treatment, the results can be devastating for the patient. The basis of medical malpractice claims is holding doctors, hospitals, and health care professionals accountable for their mistakes. If you were misdiagnosed or a physician failed to diagnose your condition, it can potentially be a fatal error. Consulting with legal council will provide you with the information you need to decide your next steps in order to receive proper compensation for your pain and suffering.
Those unfairly injured by the negligence of a health care professional should contact a qualified New Jersey medical malpractice attorney. The firm of Brady, Brady, & Reilly, LLC has the experience and resources to ensure that your case is treated fairly and that your rightful compensation is recovered. Our medical malpractice lawyers help victims and their families obtain cash settlements for lost income, medical costs, and pain and suffering. If you or a loved one has been unfairly injured by a trusted physician, contact our law offices today at (201) 997- 0030. Our legal team will fight diligently on your behalf and make sure those responsible for your injuries are held accountable.