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What You Need to Win a Personal Injury or Medical Malpractice Case

Personal injury and medical malpractice cases can be complex affairs that require a professional litigation team by your side. You also need professionals who understand the complexities of what constitutes medical malpractice that leads to personal injury sustained as a result of the defendant’s negligence. Once you have a New York medical malpractice or personal injury attorney by your side you can start to create a strong case. That being said, personal injury and medical malpractice cases aren’t the easiest to win and require proving three things: liability, damages, and collectability.

Liability

Having someone be liable means that they have done something incorrectly or failed to do something and as a result, you have been harmed. Regarding a medical malpractice case, this could mean that the doctor failed to diagnose a patient. Liability would only occur if, as a result of misdiagnosis, the patient incurred an injury.

Damage

Damage deals with the severity of the injury that was caused. Damages involve how long you were injured for, if it inhibited you from working, the medical bills incurred, etc. Understanding how to quantify these damages is an important aspect of any civil case. Knowing how much these damages have cost a victim is crucial in figuring out how much should be asked of the plaintiff if a settlement should occur.

Collectability

Receiving the money that you believe is owed to you depends on the company or individual that has wronged you. Often, it is not an easy endeavor to discover the financial resources the defendant has. Finding out how much a company or individual is worth will affect how much money the plaintiff asks for.

If the three aspects above of a civil case can be understood and integrated into a strong case, you will most likely walk out of court with a favorable decision.