If your child was injured and someone else is at fault, your family might be interested in filing a personal injury lawsuit against the responsible party. If this is the case, you might come across legal terms that you are unfamiliar with. This section of our website is meant to help you understand these terms and how they might apply to your family’s situation.
The first personal injury term to know is the letter of protection. If you have a hard time paying for your child’s medical bills until you get compensation, you can send your doctor a letter of protection. This letter lets the doctor know that a personal injury case is pending, and their services will be paid for later with the compensation money. If a doctor accepts the letter of protection, you won’t have to pay for medical care upfront.
Also familiarize yourself with the term maximum medical improvement (MMI). In personal injury cases, it is best to wait until your child has reached their maximum medical improvement before filing a claim. The maximum medical improvement refers to your child’s maximum recovery. You want to determine the full impact of an injury or illness before filing a claim to make sure that you ask for enough compensation for your family’s situation. A doctor can help you determine your child’s MMI, and then you can proceed with a case.
Another term to know is the class action lawsuit. This is a type of lawsuit that you can file along with other people who face the same medical error that your family does. For example, if a particular doctor made the same error during surgery with multiple patients, those patients can sue the doctor together. Alternatively, if multiple people were impacted by a defective medical device, they could file a class action lawsuit against the manufacturer. This second situation could also result in a defective product liability claim.
In personal injury cases, an insurance adjuster might get involved. Insurance adjusters are usually hired by insurance companies to offer quick and cheap settlement options to victims of accidents. If your family meets with an insurance adjuster, make sure to have a lawyer present. This will ensure that your rights are protected.
Finally, if you would like to settle your personal injury case, you can send an offer of compromise to the at-fault party. If they accept your terms, you can settle the case instead of taking it to court. A settlement may be accompanied by a release form. This releases the defendant from future liability. Make sure that you consult an attorney before you sign this form or any others. A lawyer can explain specifically what your release form states, and what you can and cannot do in the future if you sign it.
You can learn more about these terms by clicking the links on this page. The links will take you to pages dedicated to explaining these terms. If you still have questions, feel free to contact our office. We are happy to help.