medical malpractice trial

Medical Malpractice 101: Finding Legal Representation

Do you need of a medical malpractice lawyer but don’t know what questions you should be asking? Here are a couple suggestions that should help in your search.

Firstly, you are going to need a lawyer who has extensive knowledge and experience and is willing to try to win the case in court. Secondly, you are going to want a lawyer who will give it to you straight — One that will be honest and won’t beat around the bush. Last but not least, how much is it gonna cost? That’s always one of the biggest questions.

First off is the experience and their knowledge. Both experience and knowledge are huge when it comes to medical malpractice. These lawsuits are not simple. They tend to be extremely complex and most jurors are not going to understand the jargon that is used unless they themselves are medical experts. You also need a lawyer who is familiar with medical field, with good understanding of different medical treatments and is capable of explaining those treatments in normal and easy to understand terminology. Basically, layman’s terms.

If you have taken the time to research your medical problem, you can ask your lawyer if they are familiar with your medical problem and how well they understand it. How well they understand your problem will give you an idea of how well they really comprehend why you feel that there was medical malpractice. See if the lawyer capable of explaining any other potential causes for your medical problem? Have they handled similar cases that involve your medical problem or similar medical problems?

Another big factor is how willing they are to try the case. Not all attorneys will take a case. Some of them will talk you up and then decide not to take the case because they consider it too risky. Or if they do take the case, some of them will try to convince you to settle out of court because they don’t want to take the time to battle it in court. Insurance companies know that if a lawyer won’t try a case they will most likely offer small monetary compensation and know that the lawyer will accept that offer rather than settle in court.

Here are a few questions you should ask your potential medical malpractice lawyer:

  • When was the last time they handled a medical malpractice case?
  • How many medical malpractice cases have they handled?
  • How long is the average time frame for a medical malpractice trial?
  • Will we go to court if the insurance company tries to low-ball the offer?

Last but not least is the fees. Obviously no sane lawyer is going to take a medical malpractice case pro-bono (that means no charge). Usually, they charge either a percentage of the settlement amount, a flat fee, or even an hourly rate. The only way you are going to know is if you ask. Just remember, don’t choose a medical malpractice lawyer without researching them. Make sure you take time to find out who they are and try contacting some of their previous cases to get a feel of what to expect.

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