How Long Will it Take to Finish Your Case?
November 16, 2021
Medical malpractice cases typically take longer to prosecute than other types of personal injury cases. This is due to the complex nature of medical malpractice cases including the need to review and analyze voluminous medical records, the necessity of obtaining quality experts prior to the filing of a case, and the amount of discovery your case will require. Because it takes time to make sure you have a valid claim, clients are encouraged to contact a medical malpractice attorney as soon as possible after suspecting you have been a victim of medical malpractice. The longer your attorney and experts have to review your case before the statute of limitations expires, this will increase your opportunity to prevail. As part of this process under Kentucky law your attorney must certify that they have conferred with an expert regarding your case. Under West Virginia law, a Notice of Claim must be served upon the healthcare provider prior to filing suit. This Notice of Claim must include a Certificate of Merit signed by a qualified expert who can testify as to the breach of the standard of care and how that breach of the standard of care caused injury. Once all these preliminary steps have been taken your case will begin to move forward. In Kentucky most Courts require that a trial cannot be scheduled until all of the discovery in your case has been completed. Under West Virginia law, a Scheduling Order is routinely entered in the early stages of a case. Under West Virginia’s Trial Court Rules a trial is generally scheduled within 18 months of the filing of your Complaint. Delays due to the Court’s schedule, disputes over discovery, and other unforeseen events could possibly delay the trial of your case past the 18-month time period. At Pauley Curry we strive to prepare and present your case as quickly as possible. However, we will not sacrifice effectiveness for speed.