The Process Explained
After suffering an injury or injustice because of medical care that did not meet expected standards, you are probably angry and confused about how to seek compensation for your loss. At DeLuca & Associates, Ltd., we understand that. Our attorneys and staff talk to people everyday who feel violated by the medical professionals they trusted.
You Have Already Been Hurt Once. We Will Not Add Insult To Injury.
At DeLuca & Associates, Ltd., we place the highest emphasis on maintaining our integrity as one of the East Coast’s preeminent medical malpractice litigation firms. We will not accept a case unless we believe we can be successful on your behalf. Our attorneys are recognized throughout legal and medical community for our intense preparation and winning experience. We represent clients in communities throughout Rhode Island and Massachusetts.
What Happens After You Hire Us?
From the first meeting, we will examine everything about your case, including your medical reasons for seeking treatment, the diagnosis and treatment you received and what medical mistakes led to your serious and permanent injuries.
The pre-trial investigation and case preparation typically takes many months and includes consulting with experts, pressing the hospitals and doctors for more information, taking testimony and consulting medical texts and journals.
Your assigned paralegal and legal assistant will catalogue the information and will keep you fully informed as your case progresses. In order to prepare the clearest possible case for negligence, we will become experts in your medical area of injury. By taking the most aggressive pre-trial strategy, we put ourselves in the best possible position to seek a maximum settlement or jury award if your case goes to trial.
We Handle Everything
Throughout the pre-trial phase and case preparation, you can count on your DeLuca & Associates, Ltd. team to handle everything, including:
Discovery Of Evidence:
This phase typically lasts between 18 and 24 months. We use this time to discover everything possible about your health problem and the decisions your health care provider made during diagnosis, treatment and follow-up. During this time period, we will conduct all interviews and take depositions from defendants and expert witnesses.
After we have all the evidence in order, we begin preparing for trial. You can expect this phase of your case to last between four and six months. Throughout trial preparation, we work closely with a network of the nation’s leading independent medical experts in order to help us present the evidence in a story that the jury will understand. During the trial preparation phase, we are likely to conduct focus groups to improve the way we tell your story. We also develop exhibits, prepare your testimony and continue to work with experts for trial.
If your case proceeds to trial, you can expect a court date to be set about one year in the future. Your team of attorneys will handle everything, including pre-trial hearings and motions. A jury will be chosen according to the rules of the court, and the court trial may last anywhere from a few days to several months, with continuances. In some cases, you may not even be required to testify. At any point during the trial, the defendant attorneys may offer a settlement.
Not All Medical Malpractice Cases Go To Trial
The reality is that a very low percentage of cases involving sub-standard medical care actually end up in court. By preparing diligently, the opposing side knows that if it doesn’t negotiate fairly, it will likely lose a significant amount of money in a jury award. During the course of trial preparation, we are sometimes presented with a proposal to settle the case outside of court.
In a number of cases, we can achieve a very fair resolution for you by settling with the other parties before trial. Settling out of court is not losing your case. It means that you are willing to eliminate the risks and significant expenses associated with a lengthy trial involving outside medical experts.
It is important to know that DeLuca & Associates, Ltd. is NOT a settlement law firm. We prepare every case to win in a trial. If a settlement offer is presented by the other side, we will explain the details of what it means to you. You will always have the option of accepting the settlement. The timeline to a settlement negotiation is typically between two and four years.
How Much Will It Cost To File A Case?
Throughout your case preparation, DeLuca & Associates, Ltd. will cover the cost of case preparation and working with medical experts. You will pay no attorneys fees unless we help you recover the money damages you are seeking.
As you can see, filing a medical malpractice lawsuit is not a fast way to recover money damages. It is the only way our system has though, for seeking the justice you deserve after suffering a serious injury or losing a loved one because of medical care that did not meet the expected standards on the part of a doctor or health care provider.
Contact Our Attorneys Today
Do you have a case? Start by getting all of your questions answered. Contact an experienced medical malpractice attorney in Rhode Island at our firm to discuss your specific circumstances or call us at 401-354-7233. We level the playing field for the average person who must take on the medical establishment.