Common Questions About Medical Malpractice Claims
When you or a loved one are injured through medical negligence, you may feel overwhelmed and not know what to do next. You may have many questions about whether you have a case and, if so, how to pursue it. At Gray Law, PLLC, attorney David Gray has over 30 years of experience helping people injured by another’s negligence recover the damages they deserve. From his office in Louisville, he represents medical malpractice clients throughout Kentucky. Some common questions he receives from his clients include:
How do I know if I have a medical malpractice case?
Compensation for medical malpractice injuries is a complex area of the law; not all injuries are compensable. If you are injured and believe a health care provider’s negligence is the cause of your injuries, David Gray will evaluate your case and consult with medical experts, if necessary. Only an experienced medical malpractice attorney can tell you if you have a viable case.
How do I get started?
When you are sick or injured, the starting point is getting the medical treatment you need right away. Then you should gather your medical records, films, testing records, list of all treatment facilities and any type of evidence such as photos and witnesses, and call Gray Law, PLLC, for a case evaluation. If David determines you have a case, he will help you create a plan to move forward.
How long will it take to get the compensation I need?
The time factor for your claim will depend on the nature of your injuries. It could take two to three years from start to completion. Kentucky’s statutes of limitation vary for different types of injuries and are shorter than many other states. For medical malpractice claims, you have up to one year to file a claim. Otherwise, you lose your right to make a claim. There are exceptions because the discovery rule allows time for when you knew or should have known about the injury.
Will I have to go to trial?
Maybe. While about 90% of the cases handled by Gray Law, PLLC, are settled outside of the courtroom in mediation or settlement negotiation, David is thinking of a trial strategy from day one. He always prepares each case as if it will go into the courtroom for a verdict. His aim is to make a difference in your life by maximizing the compensation you receive for your injuries and holding the negligent party or parties accountable for your injuries.
How long do I have to file a wrongful death claim on behalf of my loved one?
Generally, you have up to two years from the date of your loved one’s death to file a wrongful death claim. However, if you believe a medical provider’s negligence was the cause of your loved one’s suffering and fatal injuries, the statute of limitations can also be one year from the date the estate administration was opened.
Bring Your Questions To David
If you still have questions regarding your own situation, please schedule a free consultation with David. You can reach out online or call him at 502-205-7578. Gray Law, PLLC, handles all personal injury cases on a contingency fee basis, meaning that David’s fee is based on a percentage of any monetary damages he recovers for you. If he doesn’t recover for you, he doesn’t get paid.