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What to Expect: A Guide to Virginia Medical Malpractice Lawsuits

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Medical malpractice law is complex, and when you’re considering filing a medical or dental malpractice claim, it’s important to have a general idea of how the process works to help ease your anxiety. While every case is unique, there are some general steps you can take to ease yourself into the process.

  1. Contact a Virginia medical malpractice lawyer. Do the research online, and ask those persons in your community who have gone through such a lawsuit about potential law firms and lawyers to consider. The malpractice lawyer will likely contact a medical expert to determine whether the doctor or dentist was negligent. Quality lawyers will not ask you for any payment up front and will only get paid when you win the case and get paid yourself.
  2. Determine the injury and calculate damages. Alongside your malpractice lawyer, you will establish the injury and associated damages, both emotional and physical, that the injury has caused.
  3. Determine proof of negligence. The malpractice lawyer will need to prove negligence on the part of the doctor or dentist, verifying that their careless actions caused the injury.
  4. File the medical malpractice claim. Once your lawyer has sufficient evidence that the doctor or dentist was negligent, he or she will file the case in court.
  5. Negotiate with their insurance company. Likely, settlement negotiations between your legal team and the doctor or dentist’s insurance company will begin. If a settlement is successfully reached, the case will not go to court. If, however, settlement negotiations fail, the case may go to litigation.
  6. Hear the claim in court. At this point, it’s vital to have a lawyer who has experience in medical malpractice trials.
  7. Claim is successful. Hopefully, you are successful in court and are awarded sufficient damages for your injuries. Out of your winnings, you will pay your malpractice lawyer for his or her services.

While this is not an all-encompassing list, hopefully it has worked to give you a general outline of how some medical or dental malpractice lawsuits unfold, and what you might expect from your own case.

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    01 How Soon Should I Contact a Lawyer After an Accident?
    Contacting a lawyer immediately after an accident is crucial to protect your legal rights, preserve evidence, and avoid missing deadlines that could impact your case.
    02 Should I Avoid Talking to Insurance Adjusters?
    It's wise to avoid speaking with insurance adjusters without consulting an attorney first, as they may use the information against you to minimize your compensation or reject your claim entirely.
    03 What if the Other Driver is Lying About the Accident?
    Gathering evidence like witness statements and photographs will help prove your side of the story. The best way to fight a false narrative by the at-fault driver is with facts that prove the truth.
    04 What Happens to My Lost Wages?
    If you can't work because of an injury from someone else's negligence, you may be entitled to compensation for lost wages, benefits, and bonuses. An attorney can help you pursue that compensation through negotiations or litigation.
    05 How is Parrish Law Firm Different?
    Founding partner James R. Parrish knows the best strategies for fighting for fair compensation from insurance companies because he used to represent the insurancers in personal injury cases. A background of working on the other side of personal injury claims gives him the insider knowledge necessary to take on these deep-pocketed companies.
    06 How Long Do I Have to Settle My Case?
    There is no strict time limit on settling a personal injury claim. However, there are restrictions on the amount of time you have to file a lawsuit. In Virginia, you must file your personal injury lawsuit within two years of the date of the accident. The time it takes to settle a case depends on the circumstances surrounding the accident and the motivations of both parties. These cases can last from a few months to several years.