green highlighter over the word lawsuit in dictionaryYou went to the emergency room right away, but then you had to wait a long time for medical treatment. During that time, your condition worsened. Now, you want to hold the emergency room accountable and make a fair financial recovery. But before you commit to a lawsuit, you need to know more about the legal process so that you can make an informed decision about the pros and cons of pursuing legal action.

How Will a Lawsuit Work?

A lawsuit begins when you file a complaint in the right Kentucky court. Since you are most likely seeking damages in excess of $5,000, your case should be filed in a Kentucky Circuit Court. You have just one year to file a lawsuit. Your time begins when you know you are injured or when you should have reasonably known you were injured.

Once you file a medical malpractice case:

  • Both sides will gather evidence through the legal discovery process. For example, both you and the defendant may make requests for document production, conduct depositions, and issue interrogatories. Additionally, both sides may hire expert witnesses.
  • Both sides may file motions to exclude certain evidence and motions to end the case early through a motion to dismiss or motion for summary judgment.
  • Both sides will prepare arguments and evidence for trial.
  • The case may go to trial.

Strict deadlines and court filing requirements apply.

You Don’t Have to Do This Alone

Delay-in-care medical malpractice cases are often complicated, stressful, and time-consuming. However, you have the right to hire a Kentucky medical malpractice law firm to represent you. Your attorneys can handle all of the legal requirements on your behalf so that you don’t have to worry about missing a step or making a mistake that would hurt your recovery.

Instead, the one that thing that you should make sure you do as soon as possible is to contact a delay in medical care attorney for a free, no-obligation consultation. Learn all that you can about your legal rights, how a medical malpractice case will work, and how our lawyers are only paid if your claim is successful. Then, you can make an informed decision about whether to pursue legal action.

Matthew L. White
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Founder & Partner of Louisville Personal Injury Law Firm Gray & White Law
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