Author: productionnye

Doctors save lives every day, but that doesn’t mean they can’t make a mistake. Sometimes, these mistakes can have drastic consequences. If you’ve suffered losses, find out whether you have a potential medical malpractice case.

Medical malpractice refers to any action or inaction that causes you a loss as a patient. We trust our doctors, so it can feel overwhelming when something goes wrong. Fortunately, you may be able to recover damages in a civil action. Answering the question, “Do I have a medical malpractice case?” is often complicated and requires experienced legal counsel. 

Forms of Medical Malpractice

Medical malpractice refers to an event in which a doctor, nurse, or related health professional causes injury to a patient, either by way of a negligent act or failing to take action when necessary. 

Medical malpractice can occur in many different ways. Some of the most common can include: 

• Misdiagnosis or failure to diagnose 
• Improper dosage or medicine prescription 
• Surgical malpractice
• Failure to read patient history
• Misinterpreting lab results
• Failure to order necessary testing
• Failure to recognize symptoms 

Healthcare professionals have tough jobs, but they also must be held to certain standards when their carelessness causes injury to a patient. Filing a medical malpractice suit acknowledges this fact. 

The Elements of a Medical Malpractice Case

For your medical malpractice claim to be legally valid, you must prove that the following elements apply in your case: 

• You were owed a duty of care – In a typical patient-client relationship, this element is assumed to be true. 
• Your injury was caused by negligence – In medical malpractice cases, it isn’t enough to have suffered an injury. You have to prove that, without the negligence committed by the at-fault party, your injury would not have occured. 
• Your injury led to actual damages – If the injury caused by negligence caused you to suffer health-related losses and subsequent economic and/or emotional loss, those would be pursued in the malpractice suit in the form of damages.

Proving these elements will likely require the testimony of an expert witness, such as another doctor or a medical ethics professional. This is because it can often be difficult to prove that the doctor’s actions were actually negligent, or that a reasonable person would have acted differently. 

Do You Have a Potential Case of Medical Malpractice? 

Medical malpractice cases are some of the most complex lawsuits out there. When you’ve been injured and you suspect negligence was a factor, contacting a medical malpractice lawyer can give you a sense of the limits of your claim, as well as give you an understanding of the value of your losses. 

Contact a Medical Malpractice Lawyer in Savannah Today

Have you been injured by a medical professional’s negligence? A medical malpractice lawyer from The Nye Law Group will review your claim, and possibly help you earn a maximum settlement. 

Call 912-200-5230 or fill out the form below to schedule your free consultation with a Savannah medical malpractice lawyer from our firm today.

When you’ve been injured in an accident, filing a claim against the at-fault party can allow you to recover damages. Many personal injury victims, however, will elect to negotiate with an insurance provider before escalating their complaint to civil court. 

Although there are advantages to this approach, plaintiffs can still encounter difficulties. Sometimes, the insurance company may not reply in a timely manner. Knowing how long the insurance company has to settle a claim in North Carolina can help you formulate a plan of attack. 

North Carolina Insurance Claim Timeline 

Often, both the plaintiff and defendant will seek to reach a settlement before ever filing a formal lawsuit in order to limit the cost of legal fees and/or speed up the process. Letting the insurance claims process play out allows the insurance adjuster to investigate the facts of the case, as well as the severity of your injuries. Your medical records related to the injury will also be considered. 

From there, you will eventually submit a demand letter to the insurance company. Working alongside an experienced lawyer and a trusted doctor can help you reach an understanding of the true value of your damages. At this point, it will be up to the insurance company to submit an offer in return. 

The important thing to understand is that there’s no specific time by which the insurance company will be obligated to reply. The process can be different in every situation, and there’s no law mandating a deadline. One thing you can do is request that the insurance company reply by a certain date, such as within thirty days of receipt. 

Following Up with the Insurance Company 

Even after indicating a timeline to the insurance company, there’s no guarantee it will reply. After a few weeks have passed, you can consider following up with the insurance adjuster directly, either through a follow-up letter or by calling the company and asking about the status of your case. 

If you’ve followed all these steps and still have been unsuccessful in soliciting a response, you always have the option of going ahead and filing a formal lawsuit in civil court. In some instances, working with a reluctant insurer will  force your hand into filing the formal case. 

Staying in the game and negotiating with the insurance company is often a good way to increase the value of any settlement offered. But if your losses exceed what the insurer is offering to cover or you believe the company is acting in bad faith, filing a personal injury claim in court is a good option to consider. 

Contact a Personal Injury Lawyer in Charlotte

Problems negotiating your settlement with the insurance company? At The Nye Law Group, our experienced legal team can help you earn the settlement you deserve. Our consultations are free. 

Call 912-200-5230 or fill out the form below to reach out to an experienced Charlotte personal injury lawyer with The Law Nye Group. 

When a loved one’s passing is caused by the negligence of another, it’s understandable to feel lost. A wrongful death claim could help you get a sense of direction and justice. Read on to learn about civil claims versus criminal charges for a wrongful death case. 

Civil Claims vs. Criminal Charges: The Basics

By definition, a wrongful death case is a civil lawsuit intended to allow the family or dependents of a deceased individual to recover economic damages from the liable party. These civil suits differ drastically from criminal cases, which are brought by a prosecutor in order to punish a criminally guilty party with a fine, jail or prison time, or other punishments. 

Criminal charges like murder, homicide, or manslaughter do not afford the victim’s family the right to a financial settlement. 

Who Can Receive the Benefits of a Wrongful Death Claim?

According to Georgia law, only certain individuals related to the deceased are eligible to file a wrongful death claim after the passing of their loved one. The first person that this right defers to is the spouse of the deceased. In cases where the spouse and the deceased shared custody of minor children, the spouse must be the one to represent the interests of the suit in court. 

On such occasions where there is no surviving spouse or children to bring the case, the parents of the deceased or the estate’s personal representatives may bring the case. 

Wrongful death claims can allow the deceased’s next-of-kin to recover both economic and non-economic damages, including: 

• Lost income
• Loss of companionship 
• Medical or funerary expenses
• The deceased’s conscious pain and suffering

In cases where a personal representative brings the suit, damages may be held by the deceased’s estate until the time when the next-of-kin is eligible to receive them. 

Deadline to File a Wrongful Death Claim

Many people make the understandable mistake of confusing the wrongful death statute of limitations with similar statutes relating to criminal charges, such as homicide or manslaughter. For example, there is no limit to the amount of time that can pass for a murder to be tried in the state of Georgia. Even felonies of lesser magnitude can be tried years after the crime occurred. 

This is not the case for wrongful death claims in civil court. Generally speaking, the deadline to file such a claim is two years from the date of the death of your loved one. 

In some limited cases, this deadline may be extended. If you’re wondering about the implications of the statute of limitations for your loved one’s wrongful death case, an experienced attorney in Savannah can help.

Contact a Wrongful Death Lawyer in Savannah, Georgia 

No amount of money could ever really make up for the loss of your loved one. At The Nye Law Group, we know how hard it can be to lose a loved one. That’s why we fight for the rights of families when someone else is responsible for their losses. 

Call 912-200-5230 or fill out the form below to schedule a free consultation with The Nye Law Group. 

 Personal injuries can dramatically impact your ability to live your life as you once did. You might be dealing with physical setbacks, mounting medical bills, and the emotional turmoil of knowing that someone else is responsible for your accident. 

Fortunately, a personal injury lawsuit can help you recover financial compensation for your damages. If you’re wondering whether it’s better to go to court or accept a settlement offer, read on to see which option makes sense for you. 

Personal Injury Claims That Can Lead to Settlements

Personal injury lawsuits come from the area of tort law, which establishes that victims have the right to file a claim when their damages are caused by someone else’s negligence. 

As such, personal injury law encompasses a variety of case types. Although they are related, they are also distinguished by things such as caps on the amount of damages available to be collected, the statute of limitations, and other considerations. When talking about personal injury cases, people may be  referring to one of the following types of cases: 

• Car accidents
• Premises liability 
• Medical malpractice
• Wrongful death
• Defective products
• Workplace accidents

No matter the context of your personal injury claim, partnering with a personal injury lawyer can increase your chances of winning a maximum settlement. 

The Advantage of Accepting a Settlement Offer

The costs of litigation increase as the legal process continues, which means that both plaintiff and defendant have a mutual interest in resolving their dispute as soon as possible. 

Frequently, once you’ve sent a demand letter to the at-fault party’s insurance company, an insurance adjuster will send a settlement offer for your review. 

Insurance adjusters are often authorized to offer you only a portion of the true value of your claim in a first offer, so negotiation is the path that most accident victims will take to secure a higher settlement.

Furthemore, an insurance company might feel emboldened to present a lowball offer when a plaintiff represents themselves without the help of a lawyer. 

For these reasons and others, most personal injury victims would benefit from the services of an experienced personal injury lawyer who can negotiate a settlement that truly reflects the sum of your physical and emotional damages. 

Speak to a Savannah Personal injury Lawyer Today

Choosing to represent yourself during settlement negotiations can be a risky proposition. Retaining the services of a lawyer tells an insurance company you’re not going to let them boss proceedings. The Nye Law Group is passionate about fighting for the rights of their clients in Savannah, and can get you justice for your damages. 

Want to reach out to an experienced personal injury lawyer from our firm? Call 912-200-5230 or fill out the quick form below for a free, no-hassle consultation. 

We’re excited to announce the latest great result we’ve secured on behalf of a client.

After almost two years of detailed investigations and complex insurance policy negotiations, The Nye Law Group has recovered over $8.1 million in a wrongful death claim involving a trucking company.

Contact an Experienced Personal Injury Lawyer 

For serious injury and wrongful death cases, call The Nye Law Group today at 912-200-5230.  It will not cost you anything to see if we can help.  If you do not recover, you owe us nothing.