FAQS

How will I pay for the attorney's fees?

Attorney's fees for malpractice cases can be costly, depending on the nature of your case. Attorneys generally do not expect the clients to pay for their cases. They will deduct the charges from the settlement. In the event there is no recovery from the prosecution, the attorney will not receive any payment from the client.

Do I need a medical expert for a malpractice claim?

Yes. Medical malpractice cases usually require expert review to determine whether the healthcare provider failed to meet accepted medical standards and whether that failure caused harm.

How long do I have to file a medical malpractice claim in Florida?

Many Florida medical malpractice claims must be brought within two years from when the injury was discovered or should have been discovered, but additional rules and exceptions may apply.

What damages can I recover in a medical malpractice case?

Damages may include medical expenses, lost wages, reduced earning capacity, pain and suffering, future care, permanent disability, and wrongful death damages when applicable.

How long will my case take?

Cases usually take from 1 to 3 years. It all depends on many factors such as the number of individuals, entities, or experts involved, schedule and commitment, level of investigation needed, among others. After the trial, if the defeated party decides to appeal the case, the verdict will be prolonged.

Can unsuccessful or unexpected results show that medical malpractice happened?

There is no guarantee from the medical results. Malpractice doesn’t happen because the patient suffered a bad outcome. Complications may cause undesirable results, but they are not generally considered to be malpractice. Most complications are in the consent form, and these comprise bleeding and infection.

Did I waive my rights if I signed a consent form or waiver?

A consent form doesn’t release the doctor who committed the negligence from liability. Except in emergency situations, patients always sign a form that states that they understand the procedure to be performed, the risks involved, and they had the opportunity to ask questions before consenting to the treatment. This consent form doesn’t waive the right the patient has to bring a medical malpractice claim.

How can I know if I have a medical malpractice case in obstetrics or gynecology?

Have your case reviewed by a specialist in medical malpractice. Often cases are lost because they are not in the hands of a lawyer, thousands of lawsuits have stopped processing because they are made by lawyers who are not specialists in medical negligence and not knowing about these procedures make a mistake giving as a result a loss of the case.

What should I do if I believe my kid has suffered a birth injury?

You need to look for medical attention for your child first. Then, contact a medical malpractice expert attorney that will follow the steps to determine if your suspicions are real. They will evaluate your case and give you advice in how to proceed.

How do I differentiate a medical error from a natural act?

Most of the time you will not be able to differentiate one from the other until you have talked to a personal injury lawyer. Healthcare professionals are entitled to follow certain standards of care, when they fail to do so, injuries result, and the medical professionals are accountable for the medical malpractice.

Can I lawsuit the OB-GYN who treated me at the delivery and my child suffered injuries at birth?

Not all birth injuries are the result of medical negligence. However, an inappropriate management or delayed delivery can considerably increase the risk of complications. It is also expected that physicians follow the correct procedures in dealing with the complications that may arise. For this reason, a medical malpractice lawyer for errors in obstetrics and gynecology shall review, study and investigate your case in order to find a way to start a process where it is shown there is a victim of medical malpractice.

How long does an OB-GYN lawsuit take?

It depends on different factors. Each case involves its own set of facts that will affect the duration of the process.

What is considered a personal injury?

Personal injury law involves the legal defenses and remedies in civil lawsuits that are filed by a private individual known as “plaintiff” against a person who is accused of contributing to the injury.

Am I entitled to file a claim?

You are entitled if you have been injured in an accident that was another person's fault and not your own via recklessness or negligence.

Can I file a claim if I am partly to blame for the accident?

Yes. You can still file a personal injury claim, with the help of a personal injury lawyer, even if you are partially at fault when the authorities assign a majority of the blame to the other party.

Does it matter what type of attorney I hire for my personal injury case?

Yes. You must hire a Miami personal injury lawyer from a respectable firm such as Gallardo Law Firm if you have been injured or a loved one has died in an accident.

What will I need to tell my lawyer about my case?

The date that the accident occurred, who caused it, the location where it transpired, how it began, and what type of injuries you sustained, are all important questions you need to ask your attorney.

How long do these cases take?

The amount of time your case will take to be resolved will depend on the nature of your injuries and the facts of your case.

Can I receive compensation for pain and suffering?

Yes. The amount of compensation you receive will depend on whether your pain is minimal, moderate or severe.

What does statute of limitations mean?

The statute of limitations is the amount of time that you are allowed to file a lawsuit against someone who hurt you. A Miami personal injury lawyer can help you determine the appropriate time limit for your particular case and will take legal action on your behalf within the established time frame.

Who can sue in a wrongful death lawsuit?

Florida's wrongful death statute makes it hard on individuals that have been affected by the death of a loved one to recover compensation for their damages and losses in this kind of lawsuit, except a skilled attorney is representing them.

What if the person who caused an injury does not have insurance?

Whenever possible, your attorney can collect damages beyond the available insurance.

What Is It To File Suit?

The client authorizes to proceed with the lawsuit when all other options have been spent.

Can I get compensation for personal injury if I had some blame for what happened?

In some areas, people cannot get compensation if the negligence did not contribute entirely to the injuries sustained. The majority of jurisdictions hold that the affected party can still receive compensation if they were part of the blame for the damages, which can result in a decrease of the amount in compensation to be awarded to the victim.

Who will pay my medical bills?

This depends on what type of coverage is available and what kind of insurance the provider is accepting. Our office will be in contact with your medical provider and the insurance company to expedite the payment of your bills. We can also assist arrange financing alternatives to cover the bills.

What should I do after an accident?

First, you should contact a personal injury lawyer to know your rights and options. Second, you need to call the police and report the accident. Third, you should report the accident to your car insurance. Do not discuss the accident with anybody but a doctor and your personal injury lawyer. It is also important to refrain from signing any settlement or statements to an insurance company.

If one person falls because of a broken pathway and is injured, can he or she sue the city?

A person injured may have a case against the city in a situation like this, because municipalities are obliged to keeping the streets and pavements repaired. The injured party might have a favorable case against the city if he can prove that the sidewalk was not in perfect condition and on account of this was that the accident happened. There are time limits and requirements for filing the notice of complaints to the municipalities. A slip and fall attorney Miami can advise you about what to do in these cases.

When is the law involved if an owner "should have known" concerning a dangerous condition on the property?

Most of the time, the law recognizes that a landlord "should have known" about a hazardous condition when it has been around for a long time, so that a reasonably thorough person should have seen.

What benefits can be obtained when a slip and fall event is won in Florida?

If the injured party wins the case, the court will decide how much money to offset the injury. That quantity may include:

• 1- Medical expenses. 2- Wages not received, either at the time of injury and time to be off work for injuries. 3- Permanent Disability. 4- Emotional Distress. 5- Other expenditures directly related to the injury.

How much money can be awarded in a slip and fall case?

Each slip and fall accident is evaluated individually. The values of claims vary widely depending on the circumstances of the accident, so it is impossible to give an overall figure for assessing a calamity of this type. Some cases end up with large sums in verdicts or settlements, while others may have less value.