Filing a medical malpractice suit can be strenuous while attempting to pay for continuing medical treatment.
It is even more stressful if you are disabled or have an ongoing injury or illness due to malpractice but want to file the lawsuit yourself.
Overall, this is a tremendous challenge to take on without a lawyer. In fact, doing so may cause you more harm than good.
If you are wondering how to file a medical malpractice lawsuit without a lawyer, be aware that it would be hard to win your case without legal representation.
How to File a Medical Malpractice Suit on My Own
The difficulty of filing a medical malpractice suit on your own depends on the state where you live.
Determining how to file a medical malpractice lawsuit without a medical malpractice lawyer is possible but not recommended.
If you choose to file on your own, the first thing you would have to do is keep a paper trail of everything.
This paper trail includes medical bills and other documentation that can be used as evidence.
New Mexico Statute of Limitations
You must also ensure that you meet the New Mexico statute of limitations for filing your claim.
Generally, in New Mexico, the time limit for filing a medical malpractice claim is three years from the date the malpractice occurred.
The Medical Review Panel
Additionally, you need to send your case to a medical review panel in New Mexico before you will be permitted to file a lawsuit.
The “clock” running on the statute of limitations pauses while the committee reviews your claim.
All in all, you can file this suit without a lawyer, but it likely will not be a good use of your time. These are only a few of the first steps an attorney would help you take.
The defendant’s attorney will know all these initial steps. They will also understand how to file motions and adhere to specific court procedures.
Insurance companies can be difficult to battle against as well. They could try to undermine your case in ways you may not expect.
An attorney would already have expertise in this area and can help you succeed.
What About the Cost?
It may seem challenging to hire a lawyer. Even still, representing yourself in a medical malpractice case may not be a good choice.
A lawyer can ensure that you are adequately represented when negotiating a settlement or arguing on your behalf at trial.
Also, most medical malpractice lawyers, including our own, represent their clients on a contingency-fee-basis. This means that the attorneys are not paid unless you are awarded damages.
The contingency-fee system also applies to settlements where the case is not taken to court.
How the Medical Malpractice Lawyers at Poulos & Coates Can Help
The medical malpractice attorneys at Poulos & Coates are here to ensure that you file your claim correctly.
We deeply care about our clients and want to reduce the burden this has put on you and your family. Our lawyers are in the courtroom almost daily and can help you navigate your case.