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ABOUT MEDICAL NEGLIGENCE LAWYERS

Our service aims to make plain English legal information available to you and give you easy access to Personal Injury Medical Negligence Lawyers in Australia. If you are looking for legal help, however complex your case may be, then you have come to the right place. Finding the right lawyer can be a frustrating process as there are hundreds to choose from. Choosing the right law firm can not only save you money, but it can ensure that you achieve the best possible outcome. By using our service, you will be able to obtain obligation-free legal advice from a law firm in a location convenient to you.

You will find on our website, free information on a wide range of topics covering the areas of accident and personal injury law. This information is intended to help you understand your rights. However, it is important that if you think you may have a case for compensation that you seek professional legal advice from a medical negligence lawyer. Negligence laws can be very difficult to understand, and it may be that you have a case, even if you do not think you have one. The only way to be sure of your rights is to obtain legal advice from a personal injuries specialist medical negligence lawyer. 

What to expect from a lawyer

Lack of communication with clients on a regular and timely basis is probably the greatest cause for client dissatisfaction. Lawyers should have excellent communication skills, and keep you informed whenever any critical step is about to take place in your matter.

The solicitors/lawyers in our referral system are highly experienced medical negligence lawyers. They are able to investigate your case and provide you with comprehensive and accurate legal advice.

Initial interview and advice

At the initial interview, or soon after, solicitors are able to provide you with advice covering some or all of the following (according to your individual case):

(a) the possible causes of action open to you

(b) a preliminary opinion of the chances of success in the cause or causes of action or

whether an opinion cannot be given until (e) or (f) have been completed

(c) the amount of money recoverable or damages likely to be awarded

(d) the process or processes which may be used

(e) what action or investigation will be take and when it will be taken

(f) any action which the client is required to take

(g) an estimate of the likely time frame involved.

Once your medical negligence lawyer has completed their investigation of your potential compensation claim, they will then be in a position to complete the analysis of the facts and the available evidence as to the merits of your case and the appropriate process for resolution of the dispute.

The legal advice provided by medical negligence lawyers following an investigation of the claim, includes:

(a) all the options available to you— both legal and non legal options;

(b) the advantages and disadvantages in relation to each option;

(c) an assessment of the merits of each option.

The options may be, for example:

(a) to commence proceedings immediately

(b) to write a letter of demand threatening proceedings

(c) to write in a more conciliatory tone suggesting mediation or expert appraisal or

some other method of resolving the dispute

(d) to do nothing.

Ultimately, it is the client's choice (i.e. your choice) whether to commence litigation or other process. However, the client makes the decision after having been given all the relevant information by their solicitor. 

How do I prove my case?

Our lawyers will advise you about what is needed to establish a case for personal injury compensation. Generally speaking, if it can be proved on the balance of probabilities (the civil standard of proof) that somebody else was negligent and as a result of their negligence you have suffered damage, then you will be compensated for your loss.

Sometimes expert evidence may be required to prove your case. Our lawyers will advise you of any evidence that may be needed, whether reports from medical experts should be obtained, or witness statements etc.

Can I settle out of court?

It must be remembered that litigation is a process for resolving disputes. The function of courts and tribunals is to decide disputes about legal rights according to law.

However, there are many types of cases in which the parties should be encouraged to resolve their disputes by socially acceptable means that they find satisfactory. The delay which is experienced in some courts before a hearing date is allocated can be stressful on the parties and result in their becoming entrenched in positions.

It is well known that the majority (over 90%) of matters in which litigation is commenced, settle before the trial/hearing. It is important to actively seek opportunities to settle at every stage. This does not mean that settlement is to be reached at any cost.

Part of the role of the lawyer is to advise the client on the proposed terms of any settlement, compared to the outcome which might be achieved in court. The acceptance of any settlement is, of course, a matter for the client to decide but this decision should be made with knowledge of all relevant information and possibilities.

Many courts have introduced processes to encourage early settlement and to resolve disputes by methods which are alternatives to a court hearing.

A lawyer's objective is to act in the client's interest. In terms of solving disputes, this means achieving the best result for the client in a reasonable time, at a reasonable cost.

Advice about appropriate options to resolve a dispute can only be given after thorough preparation. After receiving instructions, all the relevant information needs to be assembled, whether supporting the claim or not. Only when all the information has been obtained can the facts be analysed and advice given.

When advising about the resolution of disputes, litigation is not the only option. There is a range of processes available. Whatever the process chosen, thorough preparation is the key to achieving a successful outcome. Whether the dispute is negotiated, litigated or mediated, the preparation required is similar.

Mediation

Mediation is a structured negotiation process in which a mediator, who is independent of the parties and neutral, assists the parties to reach an agreement

Negotiation

Negotiation may be described as informal discussion by the parties to reach agreement. Negotiation may take place before or after the commencement of litigation. Over 90% of cases in which litigation is commenced are settled prior to final determination. Many of these are settled by negotiations between the parties either in a formal setting such as a pre-trial conference or informally by telephone or in face to face negotiations.

Conciliation

A conciliator attempts to negotiate between the parties but does not bring the parties together.

Arbitration

Arbitration is similar to a trial where an arbitrator hears the evidence of the parties and makes an award.

Whatever method is used to resolve your case, it must be remembered that once a personal injury settlement has been finalised the terms become binding between the parties. That is, at the conclusion of your case, you cannot go back for more money, even if your symptoms worsen.

Your medical negligence lawyer will be able to advise you whether you should litigate or negotiate with a view to settling your case out of court.

How much compensation?

The amount of compensation that you will be entitled to will depend on the severity of your injuries and disabilities, and the extent of your loss. A compensation award is comprised of different “heads of damage” as follows:

1. General Damages (Also known as “non-economic loss”)

2. Special Damages 

General damages include compensation for pain and suffering, loss of amenities. This head of damage is not precisely calculable. A judge will look at the circumstances of your particular injury, as well as take into account other precedent cases of similar injury/type (also known as comparable verdicts).

Special damages include damages for economic loss, loss of earnings, out-of-pocket expenses (medical treatment costs, pharmaceuticals), cost of attendant and domestic care, adapted accommodation, rehabilitation aids.

The underlying principle of economic loss compensation is as follows:

As a result of an event, the plaintiff has allegedly suffered a loss. As a direct consequence of the event, the plaintiff should be able to recover damages to the extent that would put the plaintiff back into a financial position as if the event did not occur.

Interim Damages Payment

Sometimes a defendant admits “liability”, that is that they were negligent, but continues to fight the case on the issue of “quantum” (i.e the amount that you should be awarded). It may take many months before your case reaches hearing. Your solicitor may apply on your behalf for an interim payment of damages. This means that the defendant pays you some of your money now, and the court later decides as to how much more needs to be paid. If you are suffering from severe financial hardship as a result of the accident, then you should speak to your solicitor about whether you can make a claim for an interim payment. Interim damages may only be payable under specific circumstances.

Remember, the value of any compensation award will be dependent on the nature and extent of the injuries to the individual and their circumstances at the time.

Time Limits

If you have suffered an injury that is the result of somebody else’s negligence, then you should seek legal advice immediately as time limits apply. In most Australian States, you generally have only 3 years within which to make a personal injury claim. Time limits do vary depending on the circumstances of the case (eg for children, persons under a mental disability, latent diseases) so you should contact one of our medical negligence lawyers straight away and they will tell you whether your time limit for making a claim has expired.

To find out about your rights to personal injuries’ compensation, please complete the contact form, and a medical negligence lawyer will contact you as soon as possible. This is an obligation-free service.

External Link Partners:

Pennsylvania, New Jersey personal injury attorneys (U.S): Meyerson & O¹Neill, personal injury, wrongful deaths, product liability, dietary supplements, medical malpractice, birth defects, legal malpractice, corporate fraud, commercial litigation.

Nationwide Class Action, Consumer Fraud Law Firm (U.S): Ann Miller, LLC is a nationwide practice focusing on class  actions, corporate, consumer, commercial and employment litigation. The firm handles a large portion of its cases on a fully contingent basis.

Pennsylvania personal injury, business, and criminal attorneys, medical malpractice; complex commercial litigation; catastrophic injury cases; construction site injury cases; fraud; RICO; defective products.

The MEDLAW Legal Team of Janet, Jenner & Suggs, LLC is a U.S recognized law firm dedicated to representing victims of medical malpractice and negligently manufactured and marketed prescription drugs.