The Cleveland Medical Malpractice Attorneys at Mishkind Kulwicki Law are frequently asked, “do I have a case”? Whenever a bad outcome occurs or someone has acted in a negligent manner, we are asked whether the victim of the bad outcome or the negligent care has a case. In order to determine if you have a case, it is critical that the right questions are asked and honest answers are provided. At Mishkind Kulwicki Law, we have a team of skilled attorneys and medical legal consultants that know the right questions to ask so that we can determine if you have a case. The elements of a case involve establishing (1) negligence or a breach of a duty owed by another; (2) the negligence was a direct and proximate cause of injury or harm; and (3) damages. Depending on the type of injury claim involved, the analysis of the elements of a case may require extensive research to be able to determine if you do have a case. Whether your injuries were caused by a medical procedure or a defective product or an automobile collision, it is important to remember that not all injuries are due to negligence. It is also important to remember that when someone is negligent, it is critical to determine if the negligence was the legal or proximate cause of the injury claimed.
Finally, because we know that the injured party feels victimized by the negligence, we need to determine the best course of action to take on your behalf. Litigation is expensive, time consuming and emotionally challenging for most injured parties. There are cases that we determine to have merit due to negligence, but for legal or technical reasons can’t be pursued.
In later blogs we will address how we go about investigating a claim and advising you whether you have a case and what your legal options are. We will provide resources that you can look to and alternatives that you can try. Please follow our FAQs blog or feel free to call or email us for a no-cost, no-obligation review of your injury or loss to determine if we can help you. At Mishkind Kulwicki Law, our goal is to treat each client with respect and to provide honest and fair advice to help you decide whether you have a case. If there are topics that you would like to have discussed in our blog, let us know. We will get your questions answered!