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# Filing a Medical Malpractice Lawsuit
Personal injury lawyers file medical malpractice lawsuits on behalf of their clients who have suffered a wrongful death or serious and long-term damage from the negligence of a medical professional. A medical malpractice lawsuit is designed to recover damages for wrongful death; loss of love, affection and companionship; pain and suffering; lost wages and disability. The lawsuit is also a way to hold the negligent medical provider responsible for their action or inaction.
### **When should I file a medical malpractice lawsuit?**
A medical malpractice lawsuit should be pursued as soon as possible because all personal injury lawsuits have a . A statute of limitations means that you have a set amount of time from the date of the injury to file a claim or the case will no longer be accepted. In Washington State the statute of limitations is three years.
### **What kinds of damages can be recovered in a medical malpractice lawsuit?**
Depending on the severity of the injury, medical expenses can be very costly. The type of injury will affect the damages awarded in a medical malpractice lawsuit. Some examples include:
* Therapy, both physical and mental
* Lost wages
* Pain, suffering, mental anguish and disability
* In-home care
* Rehabilitation
* Other medical treatments and expenses
Damages for wrongful death include:
* Loss of love, affection and companionship
* Funeral expenses
* Lost future earnings/wages
Note that punitive damages are not available to victims of medical malpractice in Washington State.
### **How is a medical malpractice lawsuit won?**
A medical malpractice lawyer expects the defendant to hire a defense attorney who will vigorously attempt to reduce or eliminate a medical professional’s culpability in the injury. A good medical malpractice attorney acts as an experienced and professional adversary who will overcome the common tactics used by defense lawyers. He will interview and retain witnesses, investigate and research issues and gather supporting documents.
### **Proving a medical malpractice case**
The following four elements must be proved for a successful medical malpractice claim:
1. Duty to exercise reasonable care – In order to be liable for an medical error, a health care professional must have a duty to exercise care. This is easily established by showing that the injured party was being treated by the defendant at the time the injury occurred.
2. Failure to exercise reasonable care (negligence) – Next, a medical malpractice attorney must prove that the defendant breached their duty to exercise reasonable care. For example, a physician failing to order tests to confirm a diagnosis for symptoms.
3. Causation – The third element that must be proved is causation. This means that there must be a direct link between the negligent behavior and the harm caused to the injured victim. At a minimum, the breach of duty must have at least contributed to the injury.
4. Actual damages suffered – There is no claim unless the victim suffered damages. It’s also generally not advisable to pursue a personal injury claim if the injuries were minor. Recoverable damages include: medical expenses, lost wages, pain and suffering, emotional trauma, loss of consortium, and disability.
A personal injury attorney can determine whether your case has the four elements required for a successful medical negligence claim. In addition, they can help you identify the damages involved in your case and what each of them is worth to give you a total valuation for a reasonable settlement.
### **What are the steps taken in a medical malpractice lawsuit?**
A medical malpractice lawyer starts building a personal injury case by gathering all relevant documents and evidence required for a successful outcome. He or she will interview all witnesses, retain expert witnesses and may schedule medical evaluations of your injury to gather independent medical opinions.
After the information has been gathered and expert witness interviews have been conducted:
1. The attorney will serve a “complaint” on the defendant. The complaint is an official, detailed document that describes the reason for the lawsuit and why the defendant is being sued. In Washington State, the defendant is typically allowed 20 days after the date of service to answer.
2. In the pre- trial litigation phase (also called the “discovery” phase) your malpractice lawyer will discuss the details of the case with the defense attorney and the parties will decide if the case can be settled out of court or if it will continue to trial. This is typically the longest part of the case, sometimes stretching on for several months or years.
3. Settlement or trial. The majority of medical malpractice lawsuits are settled out of court, sometimes right before a trial begins. Once a case is settled, the victim usually receives damages within a few months but it can vary depending on the state.
Patience is required for a medical malpractice lawsuit. In some cases attorneys are able to work out a settlement without going to trial but it can take several months or years to come to an agreement. A settlement is, however, the more desirable solution because a trial typically takes even longer, costs more and there is a chance that the other party will appeal the decision.
If you or a loved one is dealing with an accident or injury caused by the negligence of a medical professional, you have enough on your plate. Let an experienced  fight the justice and compensation that you deserve. It is not uncommon to receive a settlement from the insurance company that is five to ten times bigger with the help of a lawyer. Call the caring accident attorneys at  in Bellingham, WA today for a FREE consultation! We have been representing residents of Whatcom County, Skagit County and surrounding areas since 1979. You will pay nothing up front and no attorney fees at all unless we recover damages for you!
If you are looking for a personal injury lawyer, please contact us today. We offer free consultations.
### Practice Areas
### Contact Info
Bellingham Towers
119 N. Commercial St., #1000
Bellingham, WA 98225
(360) 671-8500
bellinghamreception@tariolaw.com
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# Medical Malpractice FAQ
#### How do I know if my injury was caused by medical malpractice?
This Medical malpractice FAQ covers a range of negligent behavior by medical professionals. To be classified as medical malpractice the action or inaction taken by the health care provider must depart from accepted standards of care and directly cause harm to the patient. Some examples of medical malpractice include surgical errors, failure to treat, misdiagnosis, prescription drug errors and failure to order tests.
#### What does the claimant have to prove to win a medical malpractice case?
Each state and type of medical malpractice will have its own burden of proof but generally a claimant must show the following:
* That a duty of care existed through the existence of a doctor-patient relationship
* That the medical provider’s negligence was the direct cause of the harm or injury to the patient
#### I believe that I have a case for medical malpractice; do I need a medical malpractice lawyer?
Medical malpractice cases are very complicated and come with time consuming work to put together a winning case. An experienced medical malpractice lawyer will know the laws in your state and have contacts with medical experts who can identify whether the duty of care was breached. The medical malpractice attorney and his legal team will gather relevant documents, interview and retain expert witnesses and handle pre-trial litigation and the trial (if necessary).
#### How long will it take to file a medical malpractice claim?
Because of the complexity of medical malpractice cases they often take longer to resolve than other types of personal injury lawsuits. The length of each case varies, however; some medical malpractice cases are resolved before a formal lawsuit is filed, many cases are settled during pre-trial litigation and some go to trial.[/pane]
#### What will it cost me to hire a medical malpractice attorney?
Most personal injury law firms take  cases on a contingency basis which means that the client is represented without any up-front fees. An arrangement is made so the attorney will receive a percentage of any damages awarded to the client whether through a negotiated settlement or jury award. Ask your attorney for the specific percentages that will be subtracted for payment of attorney fees.
#### How much is my medical malpractice case worth?
Each case will be worth a different amount depending on the severity of the injuries and corresponding medical expenses, etc.; a medical malpractice lawyer will assess your situation and identify a monetary range for damages. Medical malpractice damages will generally cover economic damages such as medical expenses, lost wages and any past, present or future financial losses that you have incurred or will incur as a result of the malpractice. Non-economic damages include pain and suffering, loss of enjoyment of life and/or companionship. There is no cap on damages in WA State although punitive damages are not generally allowed.
We look forward to answering all of your questions and speaking with you about your legal needs. When you  we will provide a FREE initial consultation and case evaluation. Our attorneys offer home and hospital visits with evening and weekend appointments available.
# Maritime Injuries
### Bellingham Maritime Injuries Attorneys
If you were injured while serving your employer’s vessel as a seaman or while working on a shore or harbor as a longshoreman, harbor worker, fisherman, crabber, longliner, fish processor, factory trawler, gill netter, seiner, dragger, deckhand or in another commercial maritime position; you have rights under maritime and admiralty laws – and a maritime injury attorney can help. Understanding maritime injuries and how the law works can be confusing, but Tario & Associates P.S. can bridge that gap. Commercial maritime workers, often called seamen, take on a high risk for injury on the job; serious maritime accidents may involve loss of limbs, burns from ship fires, drowning due to ship sinkings, and wrongful death.
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If you are struggling with an injury or have lost a loved one in a wrongful death caused by a maritime accident, it can be difficult to get medical treatment or to grieve while fighting to recover damages. You should not be left suffering because of injuries caused by your employer. As dedicated maritime injury lawyers, we seek justice on your behalf through tough negotiations and a maritime injury lawsuit, if necessary. The experienced maritime accident lawyers at Tario & Associates, P.S. are here to make Washington State, Alaska, California and Oregon maritime laws work for you so you can recover a full and fair accident settlement and get back to work (if possible)!
Our expert maritime accident attorneys and offshore wrongful death attorneys handle each step of the plaintiff’s personal injury claim from filing the complaint, interviewing witnesses and gathering documents to negotiation, pre-litigation and court trial, if necessary. Our firm offers FREE case evaluations, home and hospital visits, and no attorney fees unless you recover damages. Do not delay,  the best vessel sinkings lawyer Bellingham has today! There is a statute of limitations on filing your injury claim.
**Common maritime accidents involve:**
* Unseaworthy vessels
* Vessel sinkings
* Ship fires
* Boating accidents
* Assault
* Offshore explosions
#### Jones Act
The Jones Act is federal legislation that protects seamen, crew members, and other workers injured at sea. If you or a loved one was injured while working at or by the sea, you may be entitled to recover damages under the Jones Act. Damages may include compensation for pain and suffering, lost wages, lost earning capacity, loss of enjoyment of life, and medical expenses.
##### Can a Wrongful Death Action be filed under the Jones Act?
In the tragic event of a wrongful death, there are protections provided under the Jones Act. The person considered the personal representative of a seaman / crew member who died on shore or within three nautical miles from shore, may bring a wrongful death claim under the Jones Act. This representative is typically representing the surviving widow and/or the children. In the absence of these relationships then the employee’s parents, siblings, or others dependent on the seaman may be represented
#### Unseaworthiness
An employer has a duty to provide a seaworthy and reasonably fit vessel for their employees. If you are looking for the best unseaworthiness lawyer Bellingham has to offer, you have come to the right place.
#### Maintenance and Cure
In most cases, injured seamen are entitled to maintenance and cure benefits. This means that seamen have the right to choose a doctor and receive compensation for all reasonable and necessary medical expenses associated with their injury. Seamen are also entitled to collect wages through the end of their employment contract and then a basic living allowance until they have reached maximum medical improvement. An employer who refuses to provide maintenance and cure benefits may risk a punitive damages lawsuit in certain states.
#### Experience Matters
Since 1979, the Bellingham maritime accident lawyers at Tario & Associates, P.S. have been advocating for victims in Alaska and down the West Coast who were seriously injured or died as a result of maritime accidents that occurred on commercial fishing vessels, crab boats, off-shore barges, docks, cruise ships and other maritime locations. Maritime injury laws are specific and can be quite complicated; we will help you identify whether you have a case and fight for the compensation you deserve.
### How do I know whether I should pursue a maritime injury claim?
We believe your well being and the well being of your family is more important than money or legal action. However, if you or a loved one has suffered an injury at sea, you may be entitled to damages to help compensate for your losses.
#### Do I really need to hire an attorney or should I handle my own maritime injury claim?
A maritime injury attorney will help you determine whether or not you have a viable maritime injury claim. Tario & Associates, P.S. has vast experience fighting for injured maritime workers by working with highly qualified marine safety investigators, naval experts, board-certified medical personnel and health care providers, injury experts, physical capacities experts, and job experts. We are often able to settle injury cases for five to twenty times the amount a person would receive by fighting on their own.
#### How much do I have to pay to pursue a claim?
There are no upfront costs or fees paid by our clients to pursue a maritime accident claim. We provide representation on a contingency fee basis for all personal injury cases. While you will not incur any attorney fees if you do not win your case, Washington State law requires clients to reimburse the law firm for out-of-pocket expenses. Our firm advances out-of-pocket costs for our injury clients and does not require payment of any of these costs up front. When cases are concluded with a monetary recovery, our firm is repaid for the out-of-pocket costs we have advanced with a percentage of the settlement.
**Read more .**
If you or a loved one was injured, you have enough to worry about. Let us give you Peace of Mind. Call the most experienced practicing deckhands lawyer Bellingham has to offer at  today.
#### Including:
* Drownings and Hypothermia
* Slips, Trips, and Falls
* Crushings
* Loss of Limbs
* Wrongful Death
* Burns
* Asphyxiations
* Poisonings
* Acute Chemical Injuries to Eyes, Skin and by Inhalation
* Electrocutions
* Fishing Injuries from Knives and Hooks and Potential Infections